Increases short-term disability benefits

◆ The sponsor's argument

Why Jessica Ramos says this is needed

The existing temporary disability insurance (TDI) program has remained unchanged since 1989, despite groundbreaking legislation in 2016 provid- ing job-protected paid family leave (PFL). Significant reform must be implemented so that New Yorkers who have cancer treatments or need time to recover following a birthing outcome have the support that they need. Unlike PFL, the current TDI program does not provide employment or healthcare insurance protections, and does not supply sufficient income support for employees, with a cap of $170 per week. This bill will provide scheduled increases to the benefit rate and maximum benefit rate. Further, this bill will provide for protections against retali- ation by the employer and in some circumstances that ability to take intermittent leave. The bill would provide scheduled increases to the benefit rate for the first twelve weeks of temporary disability over a 4-year timeline, ulti- mately resulting in a benefit rate of 67% of an employee's average week- ly wage with a maximum benefit of 67% of the state average weekly wage. The benefit rate for the thirteenth through twenty-sixth weeks of leave would increase to 30% of an employee's average weekly wage, with a maxi- mum of 30% of the state average weekly wage. The Workers' Compensation Board, in consultation with the Superintendent of the Department of Financial Services, would be authorized to increase the benefit rate for the thirteenth through twenty-sixth weeks of leave if deemed necessary. The bill would also provide a waiver to the scheduled increases for employers subject to an active collective bargaining agreement for disa- bility commencing. The bill would extend various protections to temporary disability leave including job protection and the maintaining of health insurance by the employer. The bill would also provide the ability to take intermittent disability leave and allow the first six weeks of recovery immediately following a stillbirth to the covered under Paid Family Leave during the phase-in of the scheduled increases to the temporary disability benefit rates.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.