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New York Disability Benefits Law

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in Employment Law,HR Management,Human Resources

If you employ at least one worker for 30 days during the calendar year, you must comply with the New York Disability Benefits Law. Coverage starts four weeks after the 30th day.

You’re required to provide disability benefits to all eligible employees. You may self-insure or purchase coverage from a private insurance carrier. The law allows you to collect a premium from employees, through payroll deduction, of one-half of 1 percent of wages paid, but not more than 60 cents per week.

When an employee goes on disability, you must pay him or her 50 percent of weekly wages averaged over the eight weeks prior to the disability, up to a maximum $170 weekly. Disabled employees can collect benefits for a maximum of 26 weeks during any 52-week period.

Employers may provide greater benefits and collect higher premiums subject to approval by the Disability Chair at the Workers’ Compensation Board, which administers the law. For more information, go to www.wcb.state.ny.us/content/main/DisabilityBenefits/Employer/DisBenefits_mainInclude.jsp

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Excerpted from New York's 10 Most Critical Employment Laws, a special bonus report available to subscribers of HR Specialist: New York Employment Law 

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