Who Is Eligible for New York Short-Term Disability Benefits?

If you are injured or you become ill while not on the job, you may be eligible for New York State short-term disability benefits under its Disability Benefits Law (DBL). While these benefits are limited both in amount and number of payments, they can be very helpful in providing cash to those who are temporarily unable to work.

In order to be eligible for short-term disability benefits, you must have become injured or ill while not at work but must be employed, or recently employed, at the time of illness or injury. (Those who are injured on the job are covered under a different set of rules.) Additionally, pregnancy is covered under short-term disability.

The employees who are covered by disability include:

• An individual who is working or has recently worked (and is collecting unemployment) at least four consecutive weeks at a job that is considered to be owned by a “covered employer.”
• Individuals who change from one covered employer to another covered employer. As long as your employment was continuous, coverage for short-term disability starts on your first day of work.
• Domestic workers who work 40 hours or more for one employer. An example of this would be a nanny or personal assistant.
• Individuals who are not employed by a covered employer but elect for voluntary coverage.

What is a covered employer?

The definition of covered employer generally includes all employers who have one or more employees. Some exclusions to this definition include government workers, religious leaders, those providing work in return for charity care, and high school students who work part-time or only during vacations.