New York Disability Benefit Law (NY DBL) & Paid Family Leave (NY PFL)

What is NY DBL/NY PFL?

New York's paid family and disability programs are state‑mandated programs that provide eligible employees with partially paid time off for qualifying personal disabilities and family needs. Combined NY PFL and DBL
entitlement is 26 weeks per benefit year. The entitlement is based on the qualifying event listed below.

Eligible reasons for NY DBL and NY PFL benefits include:

• DBL – Up to 26 weeks for any one period of disability
  • Employee who is unable to perform the regular duties of their position due to an off-the-job illness or injury.
  • Pregnancy and/or childbirth including disability presumption at least 4 weeks prior to due date
  • Organ donation
  • There is a 7-day unpaid waiting period for each new DBL claim
  • Recurrency period is available if a claim needs to be reopened within 3 months for the same or related injury or illness.
• PFL – Up to 12 weeks for Paid Family Leaves
  • Bonding leave to care for a new child, including birth, adoption, or foster placement
  • Caring for a family member with a serious health condition or communicable disease/quarantined, including a:
    • Child
    • Parent/in-laws
    • Spouse/domestic partner
    • Grandparent/Grandchild
    • Sibling
  • Military Exigency

What is the weekly paid benefit under NY DBL / NY PFL?

In 2026, the maximum weekly benefit is:

The benefit calculations for NY PFL and NY DBL are not the same.

1. Calculate the employee’s average weekly wage (AWW)
   • Take the last 8 weeks of wages plus 1/52 of any bonus paid.
2. Calculate weekly benefit

• NY PFL maximum weekly benefits changes are announced annually in September.
• NY DBL benefits have not been changed since May 1, 1989.

Is NY DBL/NY PFL Job‑Protected?

Both NY DBL and NY PFL may run concurrently with Federal FMLA – Family & Medical Leave Act depending on employee eligibility.

Which Employers Are Required To Provide NY DBL/NY PFL?

Most employers who have 1 or more New York employees on each of at least 30 days in any calendar year shall be a "covered employer" subject to the DBL/PFL coverage after the expiration of 4 weeks following the 30th day of such employment.

• These 30 days of employment need not be consecutive days but must be workdays of employment in 1 calendar year.

This requirement includes businesses with:

• Employees working in New York (not resident state)
• Remote workers whose work is based in New York

It does not include:

• The federal government
• State, municipal corporations, local governmental agencies, and other political subdivisions or public authorities.

How Much Does NY DBL/NY PFL Cost?

Unlike other states, New York relies on private insurance to support their disability and paid family leave benefit laws.

• Employers have a choice to enrich their NY DBL coverage to provide a larger weekly benefit payout than $170, many times with a minimal additional cost.
  • The DBL Center offers a variety of NY DBL Coverages to enrich disability benefits to New York workers.
  • Employers with up to 50 lives who are looking to comply with the law with basic insurance can bind coverage in minutes using our network of preferred carriers.
  • Since NY DBL can be individually underwritten, the employer funds the remaining part of the cost outside of employee payroll deductions.
• NY PFL is a community rate used by all carriers. It is published annually in September.
• NY PFL Covered Payroll is capped at the state level.
• NY allows coverages to be split and therefore each has its own rate.

What is a NY DBL/NY PFL Private Plan?

New York recognizes the value of private insurance to support their paid family and disability benefit laws. Recognizing that some employers have long-standing self-insured disability plans, they have offered flexibility in how the combination of NY DBL and PFL work together. Below are the approved coverage options:

The DBL Center works with a network of approved private plan carriers that offer compliant and cost‑effective solutions.

What Are The Advantages of a Private Plan?

Advantages of an Enriched New York DBL Plan

The following points summarize key advantages for New York employers evaluating enhanced private plans for NY Disability Benefits Law (DBL) and Paid Family Leave (PFL) compliance:

1. Cost Sharing Enables Enhanced Benefits
   • New York State permits employee cost sharing, allowing employers to allocate savings toward enriched, state-approved DBL plans.
   • Through established carrier partnerships, the DBL Center offers a range of plan enhancements.
   • Employers can select benefit levels ranging from 2x the state maximum ($340/week) up to 5x the state maximum ($850/week), depending on plan design.
2. Potential Tax Implications of Employer-Funded Plans
   • When employers fully fund DBL benefits, the IRS may classify the benefit as imputed income, making benefit payments fully taxable to employees.
   • If employees contribute up to the state-allowed maximum, premium contributions are generally not taxable, and only the employer-funded portion of benefits is subject to taxation.
   • Employers are encouraged to consult tax professionals to assess implications based on funding structure and compliance requirements.
3. Opportunity to Strengthen Overall Benefits Strategy
   • Enriched DBL plans can be paired with supplemental benefits (e.g., hospital indemnity, life, dental, vision) to improve employee attraction and retention.
   • Coverage can be extended to employees outside New York who may not be eligible for another state's paid leave program, supporting broader workforce protection.
4. Flexible Plan Options Based on Employer Size
   • The DBL Center provides flat-rate plan options for small businesses (up to 25 employees).
   • Underwritten plan designs are available for larger employers (more than 25 employees), allowing for more customization.

How Do I Apply for a Private Plan?

The DBL Center team supports both you and your clients throughout the entire private plan process.

Step 1: Request a Private Plan Quote
We compare private plan pricing, benefits, and service levels for basic coverage and enhanced NY DBL.

Required census details include:

• All New York employees including remote workers
• Gender
• Employment status (full‑time, part‑time, seasonal)
• Individual’s age
• Total New York wages (including overtime and bonuses)

Step 2: Select an Insurance Carrier

• A NY DBL/NY PFL policy will be issued. NY PFL may be a rider to the NY DBL policy or may be a stand-alone policy depending on your carrier.

Step 3: Apply for the State Private Plan Approval

• New York allows the insurance carrier to apply for the NY DBL/NY PFL private plan approval on your behalf.
• Best Practice – NY DBL/NY PFL private plans are effective the 1^st of the new month and cannot be back dated more than 30 days. As a best practice, we recommend submitting your NY private plan approximately 30 days before the plan effective date. For example:

Why choose DBL Center?

With 40 years of experience in state‑mandated disability and leave programs, The DBL Center is poised and ready to support your state needs. Let us be your trusted partner for navigating complex DBL/PFL requirements on behalf of our clients.

We provide:

• We are your primary source for NY DBL/PFL expertise servicing the New York area for decades.
• Expert support for the broker and clients due to the state mandated enhancements to their program that may impact workers and/or claims.
• Access to competitive, compliant private plan options including instant binding coverage for businesses with up to 50 lives.
• Strategic views of state mandated benefits
• Ongoing service and support beyond the initial sale, through implementations and renewals
• Net Revenue Tracker enabling Broker access to their renewals, cancellations and book of business from anywhere.

Our goal is to deliver cost‑effective solutions with a seamless experience for both employers and employees.