State Spotlight: New York DBL/PFL

Since I feel that I’ve been having frequent interactions with companies and employees in New York, they deserve the spotlight at this point.

New York is one of the few states (with hopefully many others to quickly follow suit) that has mandated paid family leave and paid disability leave. However, there are major differences between the two programs.

NY DBL (New York Disability Benefits Law) has been in place for a very long time. Employers are required to offer it either by purchasing a private insurance plan that carries it, the state’s insurance fund (NYSIF), or being self-insured.

NY DBL: Coverage and Benefits

• NY DBL can only be taken for an employee’s own serious medical condition.

• It’s important to note that DBL is only wage replacement and does not offer job protection the way other states may be set up. DBL will run concurrently with FMLA where applicable.

• Employees can collect DBL for up to 26 weeks.

• It pays 50% of an employee’s average weekly wage (calculated using the previous 8 weeks prior to the leave start) with a weekly cap of $170.

• The benefit is taxable.

• There is a 1 week waiting period before benefits become payable.

• For expectant mothers: DBL covers you as of 36 weeks of pregnancy, followed by 6 to 8 weeks depending on how you deliver your baby.

On the flip side, NY Paid Family Leave (PFL) became effective in 2016, with great paid benefits alongside job-protected leave.

NY PFL: Coverage and Benefits

• PFL can be taken for the following reasons:

  • For child bonding due to the birth, adoption, or foster placement of a child

  • To care for a family member with a serious medical condition. Family members include:

    • Spouses/domestic partners

    • Parents/step-parents

    • Parents-in-law

    • Children/step-children

    • Grandparents

    • Grandchildren

    • Siblings

• PFL offers up to 12 weeks of job-protected leave, and will run concurrently with FMLA when applicable.

• The benefit pays up to 67% of an employee’s average weekly wage, and caps out at $1,151.16 for leaves starting in 2024.

• There is no waiting period before benefits become payable.

• The state has a good benefit estimate calculator employees can use to get an idea of how much they’ll receive.

Do you have employees in New York needing a leave of absence? Reach out to me and I can guide you and your employees through the process to make their life (and especially yours) way easier!