N.Y. Workers' Compensation Law § 204: Disability and family leave during employment

§ 204. Disability and family leave during employment. 1. Disability

benefits shall be payable to an eligible employee for disabilities,

beginning with the eighth day of disability and thereafter during the

continuance of disability, subject to the limitations as to maximum and

minimum amounts and duration and other conditions and limitations in

this section and in sections two hundred five and two hundred six of

this article. Family leave benefits shall be payable to an eligible

employee for the first full day when family leave is required and

thereafter during the continuance of the need for family leave, subject

to the limitations as to maximum and minimum amounts and duration and

other conditions and limitations in this section and in sections two

hundred five and two hundred six of this article. Successive periods of

disability or family leave caused by the same or related injury or

sickness shall be deemed a single period of disability or family leave

only if separated by less than three months.

2. (a) The weekly benefit for family leave that occurs (i) on or after

January first, two thousand eighteen shall not exceed eight weeks during

any fifty-two week calendar period and shall be fifty percent of the

employee's average weekly wage but shall not exceed fifty percent of the

state average weekly wage, (ii) on or after January first, two thousand

nineteen shall not exceed ten weeks during any fifty-two week calendar

period and shall be fifty-five percent of the employee's average weekly

wage but shall not exceed fifty-five percent of the state average weekly

wage, (iii) on or after January first, two thousand twenty shall not

exceed ten weeks during any fifty-two week calendar period and shall be

sixty percent of the employee's average weekly wage but shall not exceed

sixty percent of the state average weekly wage, and (iv) on or after

January first of each succeeding year, shall not exceed twelve weeks

during any fifty-two week calendar period and shall be sixty-seven

percent of the employee's average weekly wage but shall not exceed

sixty-seven percent of the New York state average weekly wage in effect.

The superintendent of financial services shall have discretion to delay

the increases in the family leave benefit level provided in

subparagraphs (ii), (iii), and (iv) of this paragraph by one or more

calendar years. In determining whether to delay the increase in the

family leave benefit for any year, the superintendent of financial

services shall consider: (1) the current cost to employees of the family

leave benefit and any expected change in the cost after the benefit

increase; (2) the current number of insurers issuing insurance policies

with a family leave benefit and any expected change in the number of

insurers issuing such policies after the benefit increase; (3) the

impact of the benefit increase on employers' business and the overall

stability of the program to the extent that information is readily

available; (4) the impact of the benefit increase on the financial

stability of the disability and family leave insurance market and

carriers; and (5) any additional factors that the superintendent of

financial services deems relevant. If the superintendent of financial

services delays the increase in the family leave benefit level for one

or more calendar years, the family leave benefit level that shall take

effect immediately following the delay shall be the same benefit level

that would have taken effect but for the delay. The weekly benefits for

family leave that occurs on or after January first, two thousand

eighteen shall not be less than one hundred dollars per week except that

if the employee's wages at the time of family leave are less than one

hundred dollars per week, the employee shall receive his or her full

wages. Benefits may be payable to employees for paid family leave taken

intermittently or for less than a full work week in increments of one

full day or one fifth of the weekly benefit.

(b) The weekly benefit which the disabled employee is entitled to

receive for disability commencing on or after May first, nineteen

hundred eighty-nine shall be one-half of the employee's weekly wage, but

in no case shall such benefit exceed one hundred seventy dollars; except

that if the employee's average weekly wage is less than twenty dollars,

the benefit shall be such average weekly wage. The weekly benefit which

the disabled employee is entitled to receive for disability commencing

on or after July first, nineteen hundred eighty-four shall be one-half

of the employee's weekly wage, but in no case shall such benefit exceed

one hundred forty-five dollars; except that if the employee's average

weekly wage is less than twenty dollars, the benefit shall be such

average weekly wage. The weekly benefit which the disabled employee is

entitled to receive for disability commencing on or after July first,

nineteen hundred eighty-three and prior to July first, nineteen hundred

eighty-four shall be one-half of the employee's average weekly wage, but

in no case shall such benefit exceed one hundred thirty-five dollars nor

be less than twenty dollars; except that if the employee's average

weekly wage is less than twenty dollars the benefit shall be such

average weekly wage. The weekly benefit which the disabled employee is

entitled to receive for disability commencing on or after July first,

nineteen hundred seventy-four, and prior to July first, nineteen hundred

eighty-three, shall be one-half of the employee's average weekly wage,

but in no case shall such benefit exceed ninety-five dollars nor be less

than twenty dollars; except that if the employee's average weekly wage

is less than twenty dollars, the benefit shall be such average weekly

wage. The weekly benefit which the disabled employee is entitled to

receive for disability commencing on or after July first, nineteen

hundred seventy and prior to July first, nineteen hundred seventy-four

shall be one-half of the employee's average weekly wage, but in no case

shall such benefit exceed seventy-five dollars nor be less than twenty

dollars; except that if the employee's average weekly wage is less than

twenty dollars the benefit shall be such average weekly wage. For any

period of disability less than a full week, the benefits payable shall

be calculated by dividing the weekly benefit by the number of the

employee's normal work days per week and multiplying the quotient by the

number of normal work days in such period of disability. The weekly

benefit for a disabled employee who is concurrently eligible for

benefits in the employment of more than one covered employer shall,

within the maximum and minimum herein provided, be one-half of the total

of the employee's average weekly wages received from all such covered

employers, and shall be allocated in the proportion of their respective

average weekly wage payments.