New York Disability Benefits Law

Full time employees are elegible after completion of four consecutive weeks of employment unless they have previously established their eligibility. Part-time employees are elegible on the 25th day of regular employment unless elegibility was previously established. If an employee es terminated after establishing elegibility, the employee will continue his elegibility on the first day of the new employment, provided that the new employment commences within four weeks after his termination. During these four weeks, DBL benefits will be provided by the old employer unless new employment is established.

If an employee assumes employment for a period in excess of five days, with an employer who is not required to provide DBL benefits, the employee loses eligibility and must reestablish it upon assuming employment with an employer who is required to provide DBL benefit. A terminated employee, who has previously established eligibility and who receives Unemployment Benefits, is eligible for DBL on the first day of new employment.

An employee, returning to work after an agreed unpaid leave of absence or vacation, is eligible for DBL immediately upon returning to work.

Employers in New York State who employ one or more people on each of 30 days in any calendar year must provide coverage at the end of four consecutive weeks following the 30th day of employment.

DBL Coverage is mandatory for one or more domestics if:

• The employee works a minimum of 40 hours a week.

The following groups of employees are NOT eligible for coverage under this Disability Benefits Law:

• Daytime students in an elementary or secondary school who also work part time.
• Minor child of an employer.
• An independent contractor.
• Goverment, railroad or maritime workers.
• Ministers, priests, rabbis, members of religious orders, sextons and Christian Science leaders.
• Persons engaged in a professional or teaching capacity in or for a non-profit religious, charitable educational institution.
• A volunteer in or for a religious, charitable or educational institution.
• A recipient of charitable aid from a religious charitable or educational institution or one who performs work in, or for, the institution in return for aid.
• A golf caddie.
• A proprietor or partner without any employees.
• An employee during the first 45 days of “extra employement” (Extra employment means those people who are normally not in the labor market who might be hired for regular or casual work in the normal course of business for a specified limited period of time.)
• Executive officer(s) of a one-two person corporation which has no other eligible employees, and where the executive officer(s) owns all the stock and holds all of the offices of the corporation.

The following groups can elect to be excluded from coverage:

• One or two shareholder-officer(s) of a corporation which is required to have DBL coverage for its employees (DBL212.3 to be filed with the Workers’ Compensation Board.)
• Any employee who is receiving or is entitled to receive old age benefits under title two of the Social Security Act. (DBL130 to be filed with the Workers’ Compensation Board.)

DBL premiums are paid either by the employer or by both the employer and employee together.

However, the maximum premium that can be paid by the employee is $.60 per week. That is the employee’s portion of the premium and cannot be more than % of 1% of the first $120.00 of weekly wages.

Your Disability Benefit payment equals:

• 50% of your average weekly wages for your last eight weeks of employment.
• the maximum benefit payable is $170.00 per week.
• benefits may be payable for up to 26 weeks of disability during a 52 week period with a maximum of 26 weeks for any one period of disability.
• benefits begin on the eighth day (first seven days are a waiting period.)

DBL benefits are taxed like Sick Pay and FICA is deducted. However, the portion of the benefit attributed to the employee’s contribution (up to maximum of $.60 per week) is not subject to withholding.

State Mandated Disability
P.O. Box 12409
Newark, New Jeysey 07108-3509

The Guardian Life Insurance Company
State Disability Claims
P.O. Box 26150
Lehigh Valley, Pensilvannia 18002-6150

Phone: (800) 268-2525
Fax: (610) 807-2953
Email: state-disability_claims@glic.com
Hours: 8:00 am – 5:30 pm EST