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| NY Disability Benefits Law (NYDBL) | NY Paid Family Leave (NYPFL) | |
| Description |
Leave is due to one’s own disability. Examples include: a non-work related injury or illness, or during pregnancy and/or childbirth for the birthing parent. |
Leave is intended to be used to care for others. Examples include: bonding with a new child, caring for an ill family member, or for a qualifying emergency related to a family member’s military duty or call to active duty. |
| Eligibility |
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| Premiums | 100% employer-paid premium: $3.47 per eligible employee | 100% employee-paid premium: 0.455% x gross weekly wages, capped at an annual maximum of $399.43 |
| Benefit Payout Amount | 50% of Average Weekly Wage, with $170 as maximum weekly benefit | 67% of NYS Average Weekly Wage ($1,688.19), up to a $1,131.08 max weekly benefit |
| Duration | 26 weeks max | 12 weeks max |
| Payments Start | 8th consecutive day of disability
|
1st day of qualified paid leave event |
| State Resources |
Can an employee take NY Paid Family Leave and NY Disability Benefits together?
New York Disability Benefits and New York Paid Family Leave benefits cannot be claimed at the same time. They can, however, be taken consecutively. Combined, NYDBL and NYPFL must not amount to more than the 26-week benefit max during any 52 consecutive calendar weeks.
NYPFL, NYDBL and Other Types of Leave
In addition to NYPFL and NYDBL, there are other leave options to consider in addition to a company’s own policy specifically when it comes to parental leave, adoption, or foster care placement of a child. This includes Short-Term Disability(STD) and the Family and Medical Leave Act (FMLA). Although an employee’s own illness is not covered under NYPFL, for parental leave, a birthing parent may elect to take NYPFL instead of disability leave, or take disability leave for maternity and then NYPFL for bonding leave. Additionally, employees can also choose to have NYPFL or NYDBL time run concurrently with any vacation/PTO time so that they receive their full pay during periods of leave, but they cannot be required to do so. However, employees may not use NYPFL or NYDBL while they are collecting workers’ compensation benefits and are not working.
Short-Term Disability (STD)
Short-Term Disability is a private insurance policy, administered by MetLife, that provides partial wage replacement for eligible, enrolled employees who are unable to work due to injury or illness, up to a maximum benefit amount. NYPFL cannot be taken concurrently with STD, though employees may be eligible to use them consecutively. However, NYDBL can run concurrently with STD and is typically taken before NYPFL. It’s important to note that if taken concurrently, the STD benefit amount will be reduced by the amount issued by NYDBL.
Family and Medical Leave Act (FMLA)
FMLA is a United States labor law that provides job-protected, unpaid leave for employees for qualified medical and family reasons. If an employee has an event that qualifies for leave under both FMLA and Paid Family Leave, and the employer is covered under both laws, the employer can require them to run concurrently. In order for the two types of leaves to run together, the employer must notify the employee that the leave qualifies for both FMLA and Paid Family Leave, and that it will be designated as such. While employers cannot require employees to use paid time off while on NYPFL, employers can compel an employee to use paid time off while on FMLA.
How are taxes impacted if an employee files a claim for NYPFL or NYDBL?
New York Paid Family Leave
Employees would receive the benefit payout without taxes withheld, which needs to be reported on a Form 1099-Misc as taxable, non-wage income. Employees will receive the Form 1099 from MetLife, which they would include when they file their personal income tax returns. The NYPFL benefit earnings will be subject to federal taxes. Paid Family Leave benefits are not subject to employee or employer NY state income taxes, FICA, FUTA or SUTA.
New York Disability Benefits Law
Employees would receive the benefit payout pre-tax, which will be reported on a Form W-2 as taxable, non-wage income. Justworks will provide the Forms W-2 and this will be available in their Justworks profile under Documents > Tax Documents. Employees would include this when they file their personal income tax returns. The earnings will be subject to Federal (FICA) taxes and State Income taxes.
Filing a claim
Justworks uses MetLife to administer NYPFL and NYDBL benefits. If an eligible employee wishes to make a claim, there are three ways in which they can do so:
1. Online
2. Via phone
3. Via fax or mail
Note: New York State requires a paper version of the NYPFL claim forms. If an employee files their claim online, they must also submit their completed paper version of the same claim forms to MetLife. If an employee files online first, MetLife will reach out to them to have them submit their paper claim.
For more information on these options, visit: How To File a Claim for MetLife Benefits with Justworks
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.