New York Short Term Disability and Pregnancy

New York is one of the few states that has a short term disability laws which requires employers provide temporary disability insurance for its workers. Employers are required to provide partial wage replacement insurance coverage.

Eligible Short Term Disabilities and Laws in NY

A worker becomes eligible for benefits when they suffer a loss of wages due to a non-work related illness or accident. To be eligible for TDI benefits:

• Employees or recent employees of a “covered” employer who have worked at least four consecutive weeks;
• An employer of one or more persons on each of 30 days in any calendar year becomes a “covered” employer four weeks after the 30th day of such employment;
• Employees of an employer who elects to provide benefits by filing an Application for Voluntary Coverage (DB-135) with the NYS Workers’ Compensation Board;
• Employees who change jobs from one “covered” employer to another “covered” employer are protected from the first day on the new job;
• Domestic or personal employees who work 40 or more hours per week for one employer

Pregnancy Disability Law in New York

Pregnancy and any related illness or complication is one of the medical conditions covered under New York’s temporary disability insurance. An employee can take 6 weeks after the birth of a child in a normal pregnancy, 8 weeks for caesarian section. Additional weeks can be granted before or after the birth in cases of pregnancies with complications.

Disabilities Related to Pregnancy that are Eligible for Benefits

Any condition related to pregnancy that causes disability is eligible for benefits. The employee has additional protection against discrimination because of pregnancy through the federal Pregnancy Discrimination Act.

Pregnancy Disability Leave Law

Women in New York can take pregnancy disability leave like any other employee requesting disability leave. There are no separate maternity leave laws. If a woman is out on maternity leave but becomes disabled within four weeks of going on maternity leave, she can file for maternity disability benefits under New York law.

Pregnancy Disability and Short Term Disability Problems with Employers

• Women are entitled to receive the same benefits as another employee would receive under a non-pregnancy related temporary disability.
• Women are entitled to reasonable accommodation in their work.
• Upon returning to work, a woman must be reinstated to a position that is the same or similar to the one held previously, both in tasks as well as in pay.
• The employer cannot retaliate against you for requesting or taking PDL.
• Employer cannot discriminate based on pregnancy.

Filing a Claim

To file a TDI claim, the employee should follow the procedures described below:

• Obtain a DB-450 from the employer
• Claimant fills out part A of the form
• Health care provider fills out part B of the form
• Employer fills out part C of the form
• Forms can be mailed or faxed
• Claims should be filed within 30 days of the disability.

Help from a Disability Employment Attorney

It would be wise to consult with an experienced disability employment attorney early if you feel you have been discriminated against, or that your rights under the any of New York programs have been violated or if you need assistance in applying or qualifying for benefits under these programs. An experienced disability employment attorney can explain your rights to you and help you protect them.