Individual disability income policies (definitions of disability, elimination and benefit periods, riders) are covered in the national Disability Income Insurance guide. New York adds two statutory programs that employers must provide, both in Article 9 of the Workers' Compensation Law: disability benefits (DBL) for off-the-job injury or illness, and Paid Family Leave (PFL). Figures below are 2026 values.

Statutory disability benefits (DBL)

• What it covers: wage loss from an injury or illness that isn't work-related. Work injuries are covered by workers' compensation (WCL 201, 204).
• Waiting period: benefits aren't paid for the first 7 consecutive days of disability (WCL 205).
• Duration: up to 26 weeks in any 52-week period (WCL 204, 205).
• Amount: 50% of the employee's average weekly wage, up to $170 a week (WCL 204).
• Cost: the employer may require employees to contribute one-half of one percent of wages, but not more than 60 cents a week. The employer pays the rest (WCL 209).
• The New York State Insurance Fund writes DBL coverage, as do private insurers (WCL 76).

Paid Family Leave (PFL)

• What it covers: up to 12 weeks of paid, job-protected leave in a 52-week period, for example to bond with a new child or care for a family member with a serious health condition (WCL 201, 204).
• Benefit (2026): 67% of the employee's average weekly wage, up to 67% of the New York State Average Weekly Wage of $1,833.63, for a maximum of $1,228.53 a week.
• Cost (2026): employees pay through payroll contributions set each year by DFS, 0.432% of wages up to an annual cap (WCL 209).
• Eligibility: full-time employees (20 or more hours a week) after 26 consecutive weeks; part-time employees after 175 days worked.

Individual disability policy rules

New York's uniform provisions for individual disability policies (Ins. Law 3216) include the relation of earnings to insurance provision: if total loss-of-time coverage exceeds the greater of earnings when disability began or average monthly earnings over the prior two years, benefits are prorated. The full list is in the New York Individual Accident and Health Provisions guide.

Common exam traps

• DBL is for off-the-job disabilities; work injuries go to workers' compensation.
• DBL pays 50%, up to $170 a week, after a 7-day wait, for up to 26 weeks.
• Employee DBL contribution is capped at 60 cents a week.
• PFL: 12 weeks at 67%, capped at $1,228.53 a week in 2026.
• PFL eligibility: 26 weeks full-time or 175 days part-time.