2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 204 - Disability and Family Leave During Employment.

§  204.  Disability  and family leave during employment. 1. Disability
benefits shall be payable to  an  eligible  employee  for  disabilities,
beginning  with  the  eighth day of disability and thereafter during the
continuance of disability, subject to the limitations as to maximum  and
minimum  amounts  and  duration  and other conditions and limitations in
this section and in sections two hundred five and  two  hundred  six  of
this  article.  Family  leave  benefits  shall be payable to an eligible
employee for the first full  day  when  family  leave  is  required  and
thereafter  during the continuance of the need for family leave, subject
to the limitations as to maximum and minimum amounts  and  duration  and
other  conditions  and  limitations  in this section and in sections two
hundred five and two hundred six of this article. Successive periods  of
disability  or  family  leave  caused  by  the same or related injury or
sickness shall be deemed a single period of disability or  family  leave
only if separated by less than three months.
2. (a) The weekly benefit for family leave that occurs (i) on or after
January first, two thousand eighteen shall not exceed eight weeks during
any  fifty-two  week  calendar  period and shall be fifty percent of the
employee's average weekly wage but shall not exceed fifty percent of the
state average weekly wage, (ii) on or after January first, two  thousand
nineteen  shall  not exceed ten weeks during any fifty-two week calendar
period and shall be fifty-five percent of the employee's average  weekly
wage but shall not exceed fifty-five percent of the state average weekly
wage,  (iii)  on  or  after January first, two thousand twenty shall not
exceed ten weeks during any fifty-two week calendar period and shall  be
sixty percent of the employee's average weekly wage but shall not exceed
sixty  percent  of  the  state average weekly wage, and (iv) on or after
January first of each succeeding year, shall  not  exceed  twelve  weeks
during  any  fifty-two  week  calendar  period  and shall be sixty-seven
percent of the employee's average  weekly  wage  but  shall  not  exceed
sixty-seven percent of the New York state average weekly wage in effect.
The  superintendent of financial services shall have discretion to delay
the  increases  in  the  family  leave   benefit   level   provided   in
subparagraphs  (ii),  (iii),  and  (iv) of this paragraph by one or more
calendar years. In determining whether to  delay  the  increase  in  the
family  leave  benefit  for  any  year,  the superintendent of financial
services shall consider: (1) the current cost to employees of the family
leave benefit and any expected change in  the  cost  after  the  benefit
increase;  (2) the current number of insurers issuing insurance policies
with a family leave benefit and any expected change  in  the  number  of
insurers  issuing  such  policies  after  the  benefit increase; (3) the
impact of the benefit increase on employers' business  and  the  overall
stability  of  the  program  to  the  extent that information is readily
available; (4) the impact of  the  benefit  increase  on  the  financial
stability  of  the  disability  and  family  leave  insurance market and
carriers; and (5) any additional  factors  that  the  superintendent  of
financial  services  deems  relevant. If the superintendent of financial
services delays the increase in the family leave benefit level  for  one
or  more  calendar years, the family leave benefit level that shall take
effect immediately following the delay shall be the same  benefit  level
that  would have taken effect but for the delay. The weekly benefits for
family leave that  occurs  on  or  after  January  first,  two  thousand
eighteen shall not be less than one hundred dollars per week except that
if  the  employee's  wages at the time of family leave are less than one
hundred dollars per week, the employee shall receive  his  or  her  full
wages.  Benefits may be payable to employees for paid family leave taken
intermittently or for less than a full work week in  increments  of  one
full day or one fifth of the weekly benefit.
(b)  The  weekly  benefit  which  the disabled employee is entitled to
receive for disability  commencing  on  or  after  May  first,  nineteen
hundred eighty-nine shall be one-half of the employee's weekly wage, but
in no case shall such benefit exceed one hundred seventy dollars; except
that  if the employee's average weekly wage is less than twenty dollars,
the benefit shall be such average weekly wage. The weekly benefit  which
the  disabled  employee is entitled to receive for disability commencing
on or after July first, nineteen hundred eighty-four shall  be  one-half
of  the employee's weekly wage, but in no case shall such benefit exceed
one hundred forty-five dollars; except that if  the  employee's  average
weekly  wage  is  less  than  twenty  dollars, the benefit shall be such
average weekly wage. The weekly benefit which the disabled  employee  is
entitled  to  receive  for disability commencing on or after July first,
nineteen hundred eighty-three and prior to July first, nineteen  hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
be  less  than  twenty  dollars;  except  that if the employee's average
weekly wage is less than  twenty  dollars  the  benefit  shall  be  such
average  weekly  wage. The weekly benefit which the disabled employee is
entitled to receive for disability commencing on or  after  July  first,
nineteen hundred seventy-four, and prior to July first, nineteen hundred
eighty-three,  shall  be one-half of the employee's average weekly wage,
but in no case shall such benefit exceed ninety-five dollars nor be less
than twenty dollars; except that if the employee's average  weekly  wage
is  less  than  twenty dollars, the benefit shall be such average weekly
wage. The weekly benefit which the  disabled  employee  is  entitled  to
receive  for  disability  commencing  on  or  after July first, nineteen
hundred seventy and prior to July first, nineteen  hundred  seventy-four
shall  be one-half of the employee's average weekly wage, but in no case
shall such benefit exceed seventy-five dollars nor be less  than  twenty
dollars;  except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly  wage.  For  any
period  of  disability less than a full week, the benefits payable shall
be calculated by dividing the  weekly  benefit  by  the  number  of  the
employee's normal work days per week and multiplying the quotient by the
number  of  normal  work  days  in such period of disability. The weekly
benefit for  a  disabled  employee  who  is  concurrently  eligible  for
benefits  in  the  employment  of  more than one covered employer shall,
within the maximum and minimum herein provided, be one-half of the total
of the employee's average weekly wages received from  all  such  covered
employers,  and shall be allocated in the proportion of their respective
average weekly wage payments.