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How does New York Disability Benefits Law (NY DBL) work?

Here's how New York's disability benefits can support you


Quick answer
NY DBL provides up to 26 weeks of partial wage replacement in a rolling backward 52-week period for employees unable to work due to a non-work-related illness, injury, or pregnancy. Employees must be under the care of an appropriate healthcare provider to qualify. To be eligible, a full-time employee needs at least 4 consecutive weeks of work for a covered employer, or a part-time employee needs at least 25 days. NY DBL does not provide job or benefit protection, has a 7-day unpaid waiting period, and pays up to 50% of average weekly wage (last 8 weeks worked), capped at $170/week.

Who this applies to / Prerequisites

  • Employers with at least one qualifying employee working in New York (applies to almost all employers, with limited exceptions)
  • Full-time employees with at least 4 consecutive weeks of work for a covered employer, or part-time employees with at least 25 days worked
  • Employee must be under the care of an appropriate healthcare provider

How NY DBL works

  1. Confirm the employer is a "covered employer" — this status applies four weeks after having one or more employees working in New York for 30+ days in a calendar year. Covered employers must secure disability and paid family leave benefits coverage.
  2. Confirm the employee meets the tenure requirement: 4 consecutive weeks (full time) or 25 days (part time) worked for the covered employer.
  3. There is a 7-day unpaid waiting period before benefits begin.
  4. NY DBL pays up to 50% of the employee's average weekly wage for the last 8 weeks worked, capped at $170/week maximum.
  5. Benefits can be used intermittently, but must be taken in full-day increments only.
  6. Employers fund NY DBL and may take a payroll deduction from employees to offset the cost. Coverage is obtained through the State Insurance Fund or a private carrier; employees apply for benefits through the carrier unless the employer is self-funded.
  7. NY DBL runs concurrently with FMLA when applicable.

What if it doesn't work

  • Employee expects job protection from NY DBL: NY DBL does not provide job or benefit protection on its own — protection would need to come from a concurrent leave like FMLA, where applicable.
  • Employee wants to use partial-day increments: Not permitted — NY DBL must be used in full-day increments only.
  • Employee has already used significant NY PFL time this year: NY DBL and NY PFL share a combined cap of 26 weeks in a 52-week period — check combined usage before approving additional NY DBL.
  • Unsure if the employer is a "covered employer": This status triggers four weeks after having one or more NY employees working 30+ days in a calendar year.
  • If none of these apply, contact your Leave Success Manager.

Limits and exceptions

  • NY DBL does not provide job or benefit protection.
  • The maximum weekly benefit is $170, and benefits are capped at 50% of average weekly wage.
  • There is a 7-day unpaid waiting period.
  • NY DBL and NY PFL share a combined 26-week cap within a rolling 52-week period.
  • Must be used in full-day increments, even when taken intermittently.

Related questions

  • How much does NY DBL pay?
  • Is there a waiting period for NY DBL?
  • Does NY DBL protect my job?
  • Can I use NY DBL and NY PFL at the same time?
  • How long can I receive NY DBL benefits?
  • Who funds NY DBL?