BILL NUMBER: S172
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the workers' compensation law and the insurance
law, in relation to increasing short-term disability benefits
 
PURPOSE:
This bill provides increases to the Temporary Disability Insurance Bene-
fit and expands coverage for individuals.
 
SUMMARY OF PROVISIONS:
This bill provides for annual increases from January 1, 2026, through
January 1, 2029; provides temporary Paid Family Leave coverage for
birthing parents who experience stillbirth until the increased TDI bene-
fit is fully phased in; provides for updated contribution rates;
provides for daily intermittent leave; and provides a carveout from the
increased benefit level and contribution rate for current collective
bargaining agreements until the expiration of such agreements.
 
JUSTIFICATION:
The Workers Compensation Law (WCL) provides short term disability bene-
fits in the form of TDI weekly cash benefits, which are intended to
partially replace an employee's wages lost due to pregnancy or a non-oc-
cupational injury or illness. New York instituted this coverage in 1949.
The current TDI benefit under the WCL provides a maximum benefit of $170
per week. Benefits are paid for a maximum of 26 weeks of disability
during any 52 consecutive week period. The maximum benefit of $170 per
week has not been increased since 1989. Since then, New York has insti-
tuted Paid Family Leave to allow employees to take time off to care for
a loved one or bond with a new child.
This bill is intended to increase TDI benefits in parity with Paid Fami-
ly Leave, and update the program to meet the needs of employees.
 
LEGISLATIVE HISTORY:
2024: S9840 (Ramos) Passed Senate / A10561 (Solages) referred to ways
and means
 
FISCAL IMPACT:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all policies
issued, renewed, modified, altered, or amended on or after January 1,
2027.

Statutes affected:
S172: 4235 insurance law, 4235(n) insurance law, 2605 insurance law