NY Statutory Disability Insurance

You are required to provide New York State Statutory Disability Insurance for your employees. Continue below to find out more about eligibility and costs with the New York Disability Insurance Program.

What is New York Statutory DBL Insurance and Why Do I Need to Provide It?

New York has a state sponsored and Mandatory Disability Insurance Program

New York State Disability benefits can provide short term cash benefits to eligible wage earners to offset lost wages caused by off the job illness, injury or pregnancy.

Any New York Employers with one or more employees are subject to the provisions of the New York State Disability Benefits Law. An employer must provide Statutory Disability Insurance for their covered employees after the 30th day of covered employment.

Does Disability Insurance protect me in Worker's Compensation Cases?

In workers' compensation cases, the cost of medical treatment is borne by the insurance carrier. In disability benefits cases, the law does not provide for payments for medical care. Disability Insurance does not assist you in Workmen's Compensation cases.

Who is required to Provide Disability Coverage in New York?

Any employer in the State of New York of one or more employees on each of 30 days in a calendar year becomes a "Covered Employer", 4 weeks after the 30th day of employment.

This includes employers of one or more domestic employees working in a private home for at least 40 hours per week.

Who Pays the Premiums for Disability Insurance?

Disability (DBL) premiums may be paid entirely by the employer. The employee is permitted but not required to contribute to the cost. The employee may not contribute more than one half of one percent of the first $120 of weekly wages, to a maximum of $.60 per week.

What are the penalties for not providing disability benefits insurance in NYS?

Failure to provide disability benefits insurance is a misdemeanor in New York State, punishable by a fine of not less than $100 nor more than $500 or imprisonment for up to one year or both for a first violation.

A second violation of the law within five years may result in a fine of not less than $250 nor more than $1,250. A third violation within five years may result in a fine of up to $2,500.

Who is Eligible for Disability Benefits in New York State?

• Most employees in the State of New York are eligible if working for a covered employer
• Full-time employees, new to working are eligible after working for 4 consecutive weeks
• Part-Time employees, new to working are eligible on the 25th day of regular employment for one employer
• Employees receiving Unemployment Benefits are eligible immediately upon beginning work
• New employees who have previously established eligibility with another employer are eligible immediately upon beginning work, as long as the gap in employment is not more than four weeks
• Personal or domestic employees working for the same employer in a private home at least 40 hours a week
• A spouse working for a Sole Proprietor or Partnership unless an exclusion is elected
• College students are eligible for DBL benefits if they meet any of the above requirements
• A Corporate Officer is an employee and will be covered, unless he receives no wages or remuneration for services

Who is Not Eligible for Disability Benefits in New York State?

• Minor children of an employer
• Government, Railroad, or Maritime Employees
• Ministers, Priests, Rabbis, Members of a Religious Order, Sextons, or Christian Science readers
• Persons engaged in a professional or teaching capacity for a non-profit religious, charitable, or educational institution; persons receiving rehabilitation in a sheltered workshop, under a certificate issued by the Department of Labor
• Persons receiving aid from religious, charitable, or educational institutions, who perform services in exchange for such aid
• Golf caddies
• Daytime elementary or high school students who work part-time during the school year or during vacation periods
• Independent contractors
• Employees during the first 45 days of "extra employment". These are persons not normally in the labor market who are hired to do work for a limited special period of time
• Corporate Directors, acting only as such, and not as employees
• Partners and Proprietors are not required to be covered. They must however cover any eligible employees
• Executive Officers of an incorporated non-profit, religious, charitable, or educational institution (President, Vice-President, Secretary or Treasurer)
• An Employer may elect to provide voluntary benefits to an excluded class of employees by filing an application for voluntary coverage with the Worker's Compensation Board

Resources: https://www.wcb.ny.gov/content/main/DisabilityBenefits/Employer/whoCovered.jsp