§ 204. Disability and family leave during employment. 1. Disability
benefits shall be payable to an eligible employee for disabilities,
beginning with the eighth day of disability and thereafter during the
continuance of disability, subject to the limitations as to maximum and
minimum amounts and duration and other conditions and limitations in
this section and in sections two hundred five and two hundred six of
this article. Family leave benefits shall be payable to an eligible
employee for the first full day when family leave is required and
thereafter during the continuance of the need for family leave, subject
to the limitations as to maximum and minimum amounts and duration and
other conditions and limitations in this section and in sections two
hundred five and two hundred six of this article. Successive periods of
disability or family leave caused by the same or related injury or
sickness shall be deemed a single period of disability or family leave
only if separated by less than three months.

2. (a) The weekly benefit for family leave that occurs (i) on or after
January first, two thousand eighteen shall not exceed eight weeks during
any fifty-two week calendar period and shall be fifty percent of the
employee's average weekly wage but shall not exceed fifty percent of the
state average weekly wage, (ii) on or after January first, two thousand
nineteen shall not exceed ten weeks during any fifty-two week calendar
period and shall be fifty-five percent of the employee's average weekly
wage but shall not exceed fifty-five percent of the state average weekly
wage, (iii) on or after January first, two thousand twenty shall not
exceed ten weeks during any fifty-two week calendar period and shall be
sixty percent of the employee's average weekly wage but shall not exceed
sixty percent of the state average weekly wage, and (iv) on or after
January first of each succeeding year, shall not exceed twelve weeks
during any fifty-two week calendar period and shall be sixty-seven
percent of the employee's average weekly wage but shall not exceed
sixty-seven percent of the New York state average weekly wage in effect.
The superintendent of financial services shall have discretion to delay
the increases in the family leave benefit level provided in
subparagraphs (ii), (iii), and (iv) of this paragraph by one or more
calendar years. In determining whether to delay the increase in the
family leave benefit for any year, the superintendent of financial
services shall consider: (1) the current cost to employees of the family
leave benefit and any expected change in the cost after the benefit
increase; (2) the current number of insurers issuing insurance policies
with a family leave benefit and any expected change in the number of
insurers issuing such policies after the benefit increase; (3) the
impact of the benefit increase on employers' business and the overall
stability of the program to the extent that information is readily
available; (4) the impact of the benefit increase on the financial
stability of the disability and family leave insurance market and
carriers; and (5) any additional factors that the superintendent of
financial services deems relevant. If the superintendent of financial
services delays the increase in the family leave benefit level for one
or more calendar years, the family leave benefit level that shall take
effect immediately following the delay shall be the same benefit level
that would have taken effect but for the delay. The weekly benefits for
family leave that occurs on or after January first, two thousand
eighteen shall not be less than one hundred dollars per week except that
if the employee's wages at the time of family leave are less than one
hundred dollars per week, the employee shall receive his or her full
wages. Benefits may be payable to employees for paid family leave taken
intermittently or for less than a full work week in increments of one
full day or one fifth of the weekly benefit.

(b) The weekly benefit which the disabled employee is entitled to
receive for disability commencing on or after May first, nineteen
hundred eighty-nine shall be one-half of the employee's weekly wage, but
in no case shall such benefit exceed one hundred seventy dollars; except
that if the employee's average weekly wage is less than twenty dollars,
the benefit shall be such average weekly wage. The weekly benefit which
the disabled employee is entitled to receive for disability commencing
on or after July first, nineteen hundred eighty-four shall be one-half
of the employee's weekly wage, but in no case shall such benefit exceed
one hundred forty-five dollars; except that if the employee's average
weekly wage is less than twenty dollars, the benefit shall be such
average weekly wage. The weekly benefit which the disabled employee is
entitled to receive for disability commencing on or after July first,
nineteen hundred eighty-three and prior to July first, nineteen hundred
eighty-four shall be one-half of the employee's average weekly wage, but
in no case shall such benefit exceed one hundred thirty-five dollars nor
be less than twenty dollars; except that if the employee's average
weekly wage is less than twenty dollars the benefit shall be such
average weekly wage. The weekly benefit which the disabled employee is
entitled to receive for disability commencing on or after July first,
nineteen hundred seventy-four, and prior to July first, nineteen hundred
eighty-three, shall be one-half of the employee's average weekly wage,
but in no case shall such benefit exceed ninety-five dollars nor be less
than twenty dollars; except that if the employee's average weekly wage
is less than twenty dollars, the benefit shall be such average weekly
wage. The weekly benefit which the disabled employee is entitled to
receive for disability commencing on or after July first, nineteen
hundred seventy and prior to July first, nineteen hundred seventy-four
shall be one-half of the employee's average weekly wage, but in no case
shall such benefit exceed seventy-five dollars nor be less than twenty
dollars; except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage. For any
period of disability less than a full week, the benefits payable shall
be calculated by dividing the weekly benefit by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such period of disability. The weekly
benefit for a disabled employee who is concurrently eligible for
benefits in the employment of more than one covered employer shall,
within the maximum and minimum herein provided, be one-half of the total
of the employee's average weekly wages received from all such covered
employers, and shall be allocated in the proportion of their respective
average weekly wage payments.