States with required short-term disability programs
California, Hawaii, New Jersey, New York and Rhode Island, along with Puerto Rico, have statutory short-term disability programs. How they work varies. California and Rhode Island fund benefits through employee payroll withholding paid to the state, New Jersey offers a state plan with an option for approved private plans, and New York and Hawaii employers generally provide coverage through an insurer or approved self-insurance.
Several states have also added paid family leave programs. In New York, for example, Paid Family Leave is typically added to the employer's disability benefits policy.
Group disability as an employee benefit
In other states, short-term and long-term disability are optional benefits. Group plans can replace part of an employee's income during a covered disability and are a common way to compete for talent.
How this differs from workers comp
- Workers comp covers job-related injury and illness
- Statutory disability covers off-the-job injury and illness
- Paid family leave covers bonding and caregiving time in some states
- Group long-term disability is usually voluntary
Statutory disability workers comp by state
Requirements and rating rules vary by state. Choose your state for the essentials, including who must carry coverage and who oversees it.
Frequently asked questions
Do I need disability coverage in addition to workers comp?
In California, Hawaii, New Jersey, New York and Rhode Island, statutory disability rules apply in addition to workers comp. Elsewhere it is usually optional.
Can I buy New York disability and workers comp from the same carrier?
Many carriers that write New York workers comp also offer DBL and PFL, but they are separate coverage types with separate premiums.
Is group long-term disability required?
No state requires employers to provide long-term disability. It is a voluntary benefit.