New York's Workers Comp And Disability Benefits

Workers Compensation And Disability Benefits Insurance: Employers are required to maintain workers’ compensation and disability benefits insurance coverage for their employees (Workers’ compensation law, sections 10, 211). Employers may not charge any portion of the cost of workers’ compensation coverage to their employees (Workers’ compensation law, section 31), but may seek contribution from employees toward the cost of disability benefits coverage up to a maximum of one-half of one percent of the employees wages or sixty cents per week, whichever is less (Workers’ compensation law, section 209). Failure to maintain workers’ compensation and /or disability benefits insurance will subject an employer to civil and criminal penalties and will further expose him to liability for the payment of the benefits that should have been secured by that insurance. Leave: Employers of fifty or more employees are subject to the provisions of the Family and Medical Leave Act of 1993, federal legislation which entitles employees to take up to twelve weeks of job-protected leave each year under certain, specified conditions. Information concerning this federal law may be obtained from the United States Department of Labor.  Although this legislation applies to New York state employers who meet the size threshold, there is no similar state legislation and no legislation offering similar protection to employees of smaller businesses. New York state law does not require job-protected leave during periods of illness or disability and does not require that an employer offer job-protected maternity leave. Employers of four or more employees must, however, comply with the state’s human rights law (Executive law, article15), which prohibits discrimination on the basis of sex, and must treat disability arising from pregnancy in the same manner as other disabilities. Violations of the human rights law are subject to administrative proceedings before the State Division of Human Rights.