Only a few states require employers to make temporary disability benefits available to their employees for injuries and illnesses that are not work-related. If you are injured on the job or become ill because of an incident or conditions related to your employment, you may claim benefits through workers’ compensation.

Benefits through temporary disability in NY are also available for pregnancy and maternity leave. Do not confuse temporary disability in NY with its Paid Family Leave program. You cannot collect paid benefits through Paid Family Leave and at the same time get temporary disability benefits.

Here is an overview of the disability insurance program, including eligibility requirements and benefits, particularly as they apply to pregnancy. It also looks at how temporary disability insurance for pregnancy and NY Paid Family Leave differ. A disability lawyer at NY Disability is an exceptional source for answers to any questions you have about eligibility for benefits.

What Is Temporary Disability Insurance In NY?

Employers in NY must provide disability benefits for workers unable to work because of illness and injuries that are not caused by conditions or incidents at their job. Coverage may be provided through disability insurance acquired by the employer, or an employer may elect to be self-insured. Pregnancy is included as a covered medical condition for purposes of temporary disability in NY.

Benefits Payable Through The NY Temporary Disability Program

Temporary disability benefits replace a portion of earnings lost while unable to work because of a non-work injury and illness, or if you are pregnant. The following conditions apply to the benefits payable under the program:

  • The weekly benefit is 50% of your average wage for the last eight weeks that you worked.
  • The maximum weekly benefit that you can receive is $170.
  • Weekly benefits are subject to payment of Social Security and Medicare taxes.
  • During any period of 52 consecutive weeks, you may get temporary disability for a maximum of 26 weeks.

If collecting paid family leave benefits, you cannot get temporary disability at the same time. The combination of benefits through the two programs cannot be for more than 26 weeks during any 52-week period.

Benefits Available When You Are Pregnant

You may receive temporary disability benefits beginning four weeks before your due date. Benefits are payable for up to six weeks after the birth, but you can receive an additional two weeks of benefits for a total of eight weeks if the delivery was by Caesarian section.

Additional disability benefits may be available to you if you are under the care of a physician or certified midwife who documents that you have a physical or mental health condition related to the pregnancy or to the delivery. The benefits are subject to the 26-week maximum, which includes any weeks you received disability payments prior to or after delivery.

What Is The Difference Between Paid Family Leave And Temporary Disability In NY?

Paid family leave and temporary disability are different programs. Some of the key differences between the two programs include:

  • Disability benefits may begin prior to birth, but paid leave does not begin until after the birth.
  • Disability benefits for pregnancy are available only to the birth mother while paid family leave is available to both parents following the birth of a child.
  • Paid family leave benefits are 67% of your pay for up to 12 weeks with a maximum weekly benefit of $1,068.36 in 2022 compared to 50% of your average pay that you get in disability benefits.

Paid family leave benefits for adoption of a child or for when a family member with a health condition requires that you remain at home to provide care.

Options Available For Long-Term Disability

The Social Security Administration has programs that pay disability benefits. However, Social Security Disability Insurance and Supplemental Security Income benefits are reserved for long-term disability expected to last longer than 12 months or result in the person’s death. A normal pregnancy without complications would generally not qualify you for SSI or SSDI benefits, but you still have the option to get temporary disability in NY.

Complications related to a pregnancy or childbirth may sometimes make a woman eligible for Social Security disability benefits depending on the nature of the physical or mental impairment causing the disability. An SSDI and SSI lawyer can review the facts of your medical condition with you to determine whether you can file for SSI or SSDI benefits.

Medical conditions related to pregnancy that may qualify for Social Security disability benefits include:

An SSD lawyer can determine whether your medical condition matches a listing of impairments used by Social Security to evaluate disability claims. If it does not, there are other ways to qualify that your SSDI lawyer will review with you.

Contact Us Today About Pregnancy And Disability Benefits

If you are pregnant and want information about benefits available to you through temporary disability in NY or through Social Security, contact NY Disability. A free consultation with a disability lawyer will provide options available to you and representation to help you obtain the benefits you are entitled to receive.