No Maternity Leave Benefits, Do I qualify for Short Term Disability?

[Guest NancyG]

I am pregnant and work as an hourly employee for a very small consulting company in NYS. Each payperiod a deduction is made towards the NYSDI. My employer has no formal benefits plan available and therefore I will not have any maternity leave benefits.

However, because I am paying towards the NYSDI, would I be able to make a claim once I stop working to deliver? And how much and for how long can I make a claim? Would my employer be required to process a claim or am I to do this myself? If I have to submit the claim myself where and how do I go about doing this? I have asked my employer and he seems pretty clueless. Any help will be gratefully appreciated.

[Guest jreddi]

Ok, here goes:

You need to file a written notice and proof of disability (Claim form DB-450) with your employer or the State Insurance Fund within 30 days from the first day of your diability, but no later than 26 weeks after that date. This is YOUR responsibility.

Benefits are payable beginning of the 8th day of disability and may continue up to 26 weeks. Benefits are based upon your average weekly wages for the eight weeks immediately prior to your diability.

You can call the State Insurance Fund for claim forms and additional information at 212-312-9000 or you can stop into any local Workers' Compensation Board office. They have offices in Albany, Binhampton, Brooklyn, Buffalo, Hempstead, Rochester and Syracuse.

[KIP KRAUS]

Very good jreddi, not bad for a California benefits manager in one of the other statutory DB states. I would add a few things for NancyG to consider.

Remember that your eligibility to recieve DBL payments will be based on your DR's certification that you are unable to perform your job.

You may also find more information, including a DB 450 Form and a DB-271S Form that you employer is required to provide to you on the following site http://www.wcb.state.ny.us/

The DB271S describes your rights to statutory benefits on the following web site.

Your employer is either covering your DBL benefits through the New York State DBL Fund or through an insurance company. Ask your accounting department who they are paying premiums to.

By the way, the maximum statutory weekly benefit is currently $170/wk.

Good Luck.

[Guest jreddi]

Thanks, Kip.

I need to know this stuff, as we are a national retail chain with stores in all of the DB states. Thanks for letting us know the weekly benefit. I wasn't aware of it. Just watch when they ask a question about WC in one of the monopolistic states!!!

John

[Guest NancyG]

Thank you John and Kip for your help. I was able to print out the forms without pblm and will submit them to my employer. I do believe he is covering the DBL benefits through the NYS DBL Fund. Thanks again.