BILL NUMBER: S172B
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.  
SUMMARY
OF PROVISIONS: The A-Print pushes back all of the dates by one year.
The B-print adds that 20 weeks of gestation language to make clear that
this coverage is for those late-term pregnancy losses. Secondly, it adds
the "would have" been deemed eligible language to correct for adminis-
trative difficulties with the program that would arise because there was
a pregnancy loss (such as the lack of a birth certificate).
 
JUSTIFICATION:
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.
 
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,
2028.

Statutes affected:
S172: 4235 insurance law, 4235(n) insurance law, 2605 insurance law
S172A: 4235 insurance law, 4235(n) insurance law, 2605 insurance law
S172B: 4235 insurance law, 4235(n) insurance law, 2605 insurance law