How Do You Get New York SDI (Short-Term Disability)?

New York is one of the few states that offers a state-run Short-Term Disability program. In New York, it’s called New York SDI. This program allows New Yorkers to receive a partial wage replacement in the form of weekly cash benefits if they need to take time off work while recovering from an illness, an injury unrelated to work, and pregnancy or childbirth.

If you are a resident of New York, here are a few key takeaways to keep in mind about the New York SDI program. We will also go over who qualifies for weekly payments, how much you qualify for, and how to make a claim.

New York Short Term Disability (DBL): Key Takeaways

• Must be unable to work for at least a week, and the first week that you are unable to work is not paid
• Benefits can be received for up to 26 weeks
• Must be a resident of New York to qualify for New York Short-Term Disability
• You can appeal the decision if your claim is rejected
• This program is for non work-related injuries
• Provides disability benefits coverage for non-work-related injuries or illnesses
• All disability benefits that are paid by the insurance carrier or employer in New York are subject to taxes (Social Security and Medicare)
• You can request additional benefits if you are still disabled after 26 weeks of short-term disability benefits
• Benefits are not paid for elective surgeries, such as elective sterilization or cosmetic surgery

What is Short-Term Disability (DBL)?

Temporary disability insurance (TDI) is a form of wage replacement for individuals unable to work due to off-the-job illnesses or injuries, including those related to pregnancy. Short-Term Disability (DBL) is a program that replaces a certain percentage of an employee’s wages while they are temporarily unable to work. Usually, this covers injuries and medical events (such as surgery or cancer treatment) not related to work. Work-related injuries typically qualify for Worker’s Compensation, not short-term disability.

In some states, short-term disability can also be used to take time off to care for a new child or sick family member, but New York has a separate program called New York Paid Family Leave (PFL). New York PFL may also cover recovering from an organ donation.

Who Qualifies for New York SDI?

New York SDI is a state-run program, so the state has several requirements you need to meet in order to qualify. To be eligible, you must:

• Be a resident of New York State
• Be currently employed or recently employed
  • You have to have worked at your current place of employment for at least four weeks before you are eligible for New York SDI
  • If you have worked for less than four weeks at your current job, but went from one covered employer to another, you qualify immediately and do not need to wait the four weeks
• Be unable to work for at least a week due to a non-work-related injury or illness
• Be under of a certified medical professional
• Not perform any type of paid work while receiving benefits

If you do not work for a covered employer, you can still opt for voluntary coverage. If you are not sure if you are covered, the safe thing to do is to contact your employer and ask.

Some domestic employees, like nannies and house cleaners, may not qualify for coverage if they work for several employers. However, domestic workers who work at least 40 hours a week with the same employer may still qualify.

If you are injured on the job, you will likely not qualify for New York SDI, but you may qualify for Worker’s Compensation based on the circumstances of the injury. Check with your employer about next steps if you are injured on-the-job.

Pregnancy and Childbirth

While New York SDI cannot be used as paid time off to bond with your new baby after childbirth, you may still qualify for SDI if you are unable to work during the last four weeks of your due date, and either six weeks after a vaginal birth or eight weeks after a C-section due to an off-the-job injury or illness.

The time of leave can also be extended if you have complications that require you to take more time off work. Those filing for disability based on pregnancy or childbirth will receive the same amount as those who apply with other injuries or disabilities.

Who Does Not Qualify for New York SDI?

While most full-time employees in New York State will qualify for New York SDI, there are a few exceptions. These include:

• Religious leaders
• Government workers
• High school students that only work part-time, or only work during school holidays
• Those who work in order to receive charity care

What if You Become Disabled While Unemployed in New York?

If you become temporarily disabled while unemployed, the process is a little bit different. If you have been unemployed for more than four weeks and are currently collecting unemployment benefits, there is a separate fund called the Workers’ Compensation Board Special Fund for Disability that will provide your benefit payments in this case.

Normally, there is a waiting period required when you apply for short-term disability insurance. However, if you need short-term disability while unemployed in New York, the waiting period is waived. That said, you cannot collect both unemployment benefits and short-term disability benefits during the same time period.

How Much Money Do I Need to Earn to Qualify for Short-Term Disability Insurance in New York?

There are minimum wages that you must earn in order to qualify for Short-Term Disability Insurance in New York. In order to be eligible for New York SDI, you must have earned at least $15,000 during the one-year base period. You must have worked at least 50% of full time in the past year.

How is New York Short-Term Disability Insurance Funded?

While covered employers are responsible for deducting the tax from their employees’ paychecks, it is the employees themselves who are funding the Short-Term Disability Insurance program through employee contributions. In short, New Yorkers fund New York SDI.

The way that the state receives the funding is through a 0.5% tax on the employee wages of New York residents, with a maximum contribution of $0.60 per week. If you are an employee residing in New York, you should be able to look at your pay stubs and see this deduction along with Social Security and Medicare deductions.

As for who is actually handling this program, it’s the New York State Workers’ Compensation Board. This board falls under the New York State Department of Labor, and they handle short-term disability benefits in the state.

How Are Your NY Short-Term Disability Benefits Calculated?

Through the New York State Disability (NY SDI) program, you can receive 50% of your weekly wages (calculated from the last eight weeks that you were working) up to the maximum payment of $170 per week. If counting the last week you were working lower the benefit amount, because you were not able to work your normal hours, it will not be included.

The weekly benefit amount is considerably lower than the other states that offer state SDI programs, but there was a resolution passed in 2023 to begin raising the benefit amount through 2029.

There is a waiting period of seven days before you can start collecting payments. Benefits begin on the eight day that you are unable to work due to your disability or illness.

How to Apply for New York Short-Term Disability Insurance

Before you can receive your New York SDI benefits, you will need to apply for the program. Here is what you need to do to ensure that you receive your benefits in a timely manner.

How to Apply

There are several documents that you will need in order to apply for short-term benefits. New York does not have an online application, but there are forms you need to complete. You have thirty days from the start of your disability in order to make a claim.

New York SDI Forms & Documents You Need

First, you will need to fill out Form DB-450, which is the Notice and Proof of Claim for Disability Benefits. You download it from the New York Workers Compensation Board website, or you can request it from your employer.

In the form, there is a section that you will need to fill out as an employee, and there is also a section for the certified medical professional who is treating you. If you are currently employed, or you have been unemployed for less than four weeks, there is also a section for your employer to fill out.

You will then need to send your filled-out Form DB-450 to either your employer, your employer’s insurer, or NYSIF Disability Benefits.. If you can’t find your employer’s insurer, you can call the Workers Compensation Board at (800) 353-3092, or visit your local WCB office in person.

If sending to NYSIF Disability Benefits, you will mail your completed DB-450 form to:

NYSIF Disability Benefits
PO Box 66699
Albany, NY 12206

You can also fax DB-450 form to 518-437-5201.

How to File an Appeal if Your Claim is Rejected

If your initial claim for New York SDI is rejected, don’t lose hope! If you believe that your claim was wrongly rejected and that you are eligible, you can file an appeal.

If your claim is denied, either your employer or your employer’s insurer will send you a Notice of Rejection. You’ll receive this notice within 45 days of sending in our application, and the rejection notice has instructions for how to request a review.

Alternatives to State-Sponsored Disability Benefits in New York

Depending on the exact circumstances of your illness or injury, there are alternatives to New York SDI that may suit your needs better. Some may also give you higher weekly payments than short-term disability does.

FMLA Leave

The Family and Medical Leave Act is a federal program that forces your employer to hold your job for up to twelve weeks while you are unable to work due to a medical event, caring for a family member, or bonding with a newly born or adopted child.

Unlike New York SDI, FMLA Leave is not a wage replacement program. FMLA will keep your job for you until you are able to return to work. It also allows you to retain your current health insurance and benefits from your employer while you are not working.

Not all employees qualify for FMLA. In order to qualify, you must have worked at your current place of employment for at least twelve months, and the employer must have at least fifty employees.

Employer-Sponsored Disability Insurance

Some employers will offer their own short-term disability insurance that is separate from the state insurance. If you are not sure of what options your employer offers, you can contact your HR department to ask about your options.

New York Paid Family Leave (NY PFL)

Separate from New York SDI is NY PFL, or New York Paid Family Leave, which provides paid family leave benefits. If you specifically need time from work to bond with a child (born, fostered, or adopted), care for an ill family member, or assist when a member of the family is overseas on active military service.

In some cases, Paid Family Leave is also available for some employees if their minor, dependent child must be in quarantine for Covid-19. If you qualify, you can use FMLA and New York PFL simultaneously.

Short-Term Disability Lawyers in New York

Applying for short-term disability in New York can be a confusing, frustrating process. If you need help to navigate the system or make an appeal, consider making an appointment with a New York Short-Term Disability Lawyer. A good disability lawyer will ensure that you receive all of the benefits that you deserve while you recover!