Temporary disability insurance (TDI) can be used for a worker’s own serious off-the-job illness or injury.

Paid family leave (PFL) can be used to (1) bond with a child within one year of the child’s birth or placement for foster care or adoption; (2) care for a family member with a serious health condition; or (3) address certain military family needs.

Under an emergency law, special TDI and/or paid family leave benefits may be available to certain workers when they or their minor child is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. For more information, consult our fact sheet https://www.abetterbalance.org/resources/fact-sheet-new-york-states-paid-sick-leave-legislation/.

Most private sector employees are covered.

For a list of exceptions, visit http://www.wcb.ny.gov/content/main/coverage-requirements-db/db-coverage-required.jsp.

No. Public employers can opt in to coverage and unions covering public sector workers can opt in to paid family leave through the collective bargaining process.

Own health: Workers generally must have been employed for at least 4 consecutive weeks by a single employer; previously qualified workers qualify immediately upon the start of employment with a new covered employer.

Paid family leave: Workers generally must have been employed by their current employer for at least 26 consecutive weeks; those who work less than 20 hours per week must have worked at least 175 days for their current employer.

Employees who are regularly in the employment of a single employer on a work schedule that is less than the employer’s normal work week become eligible for disability leave benefits on the 25th day of such employment.

A family member includes a worker’s child, parent, parent-in-law, spouse, grandchild, grandparent, sibling, or domestic partner. The law’s definition of domestic partner is flexible and does not require registration.

The definition of domestic partner includes any person who is at least 18 years old and “is dependent upon the employee for support as shown by either unilateral dependence or mutual interdependence, as evidenced by a nexus of factors including, but not limited to, common ownership of real or personal property, common householding, children in common, signs of intent to marry, shared budgeting, and the length of the personal relationship with the employee . . . .”

Workers and employers share the cost of TDI. Employers can withhold 0.5% of workers’ wages to pay for coverage, up to $0.60/week; employers cover the remaining cost.

A self-employed individual who elects coverage is required to pay the full cost of TDI and PFL premiums. An employer not covered by the law who elects coverage is required to pay the portion of the premium not covered by wages withheld from workers.

Workers cover the full cost of PFL. The program is funded by a payroll deduction, currently set at 0.373% of wages. This deduction does not apply to wages above an average of $1,718.15/week.

Own health: 50% of a worker’s average weekly wage

Family leave: 67% of a worker’s average weekly wage

Own health: $170/week

Family leave: 67% of the statewide average weekly wage

Current: $1,151.16/week

Own health: Up to 26 weeks for any period of disability or in any 52-week period.

Family leave: Up to 12 weeks in a 52-week period.

Total: Up to 26 weeks in a 52-week period.

Own health: Yes—there is a 7-day unpaid waiting period.

Family leave: No.

Own health: No.

Family leave: Yes.

Workers may have protections under other laws, such as the FMLA.

A worker returning from PFL must be restored to the worker’s prior position or “a comparable position with comparable employment benefits, pay and other terms and conditions of employment.” Workers who receive health insurance through their employers are entitled to continuation of those benefits while on PFL.