Understanding State-Mandated Disability Benefits: A Guide for Employers

Last Updated on March 25, 2025

Navigating state-mandated disability benefits can be complex for employers. Understanding the available options, eligibility requirements and best practices ensures compliance and effectively supports your workforce. This guide outlines key information to help employers manage disability benefits efficiently and ensure they are remaining compliant with federal and state regulations.

Understanding Your State’s Requirements

State-mandated disability benefits are designed to provide wage replacement for employees who are unable to work due to non-work-related illness or injury. Currently, a handful of states require employers to participate in these programs. This includes California, Hawaii, New Jersey, New York and Rhode Island.

Each state has distinct rules regarding eligibility, benefit duration, and contribution requirements. Employers must understand their state’s specific disability benefits to ensure compliance and avoid potential penalties.

Know the Program Basics

State-mandated disability benefits and programs are typically funded through payroll taxes, which may be shared between employers and employees or covered entirely by employees, depending on the state’s regulations. The duration of benefits varies by state, generally ranging from 6 to 52 weeks, depending on the nature of the employee’s condition.

Benefit amounts are often calculated as a percentage of the employee’s wages. Additionally, many states enforce a brief waiting period, commonly around seven days, before benefits are paid to ensure the claim is valid and aligns with program requirements.

State-Mandated Disability Benefits Chart

*Please scroll to the right to see more columns.

StateWeekly Benefit AmountDuration of BenefitsDeductionsPart-Week BenefitsWaiting PeriodUn-Interrupted Period of Disability
CaliforniaBeginning
January 1, 2025,
the weekly amount
will be 70-90% of wages
earned 5-18
months before the
claim start
date- up to the
maximum rate.
Up to 52 WeeksNo Provisions
An individual’s daily
benefit amount is
calculated by dividing an
individual’s weekly benefit
amount by seven.
Seven DaysIf an individual receives 2
consecutive periods of
disability benefits due to
the same or a related
cause or condition and
separated by not more
than 60 days, they are
considered as one
disability benefit period.
Hawaii58% of the
claimant’s average weekly
wage, up to a maximum
weekly benefit amount
annually set by Hawaii’s
Disability Compensation
Division.
26 WeeksNo ProvisionsThe weekly benefit amount
multiplied by a factor
consisting of a quotient
having the number of
workdays lost during the
portion of the week for the
numerator and the number
of regular workdays of the
employee during a
calendar week for the
denominator.
Seven consecutive days of
any period of disability.
Consecutive periods of
disability due to the same
or related causes
separated by no more than
two weeks.
New Jersey2/3 of claimant’s average
weekly wage, subject to a
maximum weekly benefit
that is set
Twenty-six weeks is the
maximum number of
weeks allowable for any
one period of disability.
Benefits of individuals
receiving wages are
reduced so combined total
does not exceed wages
immediately before
disability.
Daily benefits for each day
in excess of seven in a row
at rate of 1/7 of weekly
benefit amount.
Seven consecutive days of
disability at the beginning
of each uninterrupted
period of disability; waiting
period is compensable
after benefits have been
paid for three consecutive
weeks.
Two consecutive periods of
disability due to same or
related cause separated by
no more than 14 days if
individual earned wages
from his or her last
employer during the
14-day period.
New York50 percent of claimant’s
average weekly wage with
a maximum of $170; if
average weekly wage is
less than $20, benefit
equals wage.
No more than 26 weeks in
any 52-week period or 26
weeks in any one period of
disability.
Benefits reduced by any
payment from the
employer or a fund to
which the employer
contributes, except for
supplementary benefits
paid pursuant to a
collective bargaining
agreement.
Paid for each day of
disability in excess of
seven in a row on basis of
normal number of
workdays per week.
Seven consecutive
disability days at the
beginning of each
uninterrupted period of
disability.
Consecutive disability
periods caused by the
same or related injury or
sickness separated by less
than three months.
Rhode Island4.62% of claimant’s
highest quarter wages.
Individuals with dependent
children less than 18 years
of age (or with
handicapped children over
18) may be entitled to a
dependency allowance.
The dependency allowance
is limited to 5 dependents
and is equal to the greater
of $10 or 7% of an
individual’s benefit rate.
The duration of an
individual’s claim is equal
to 36% of their total base
period wages divided by
the individual’s weekly
benefit rate (not including
a dependency allowance).
The most an individual is
allowed to collect is an
amount equal to 30 full
weeks.
No ProvisionsBenefits for part-week of
disability paid at rate of 1/
5 of weekly benefit amount
for each day work is
ordinarily performed.
Seven consecutive
disability days.
No Provisions

Common Employee Questions and Answers

Employees often have questions about their state-mandated disability benefits. Here are some common employee inquiries, and answers employers can give to provide clarity:

1. Am I eligible for state disability benefits? Eligibility typically requires that employees have earned a minimum amount in wages during a specified base period. They must also be unable to work due to a non-work-related condition.

2. How much will I receive in benefits? Benefit amounts vary by state. They are usually calculated as a percentage of your average weekly wage, up to a state-defined maximum.

3. How long can I receive benefits? Duration varies depending on the state. Benefits are often provided for up to 26 weeks, with some states offering extensions for severe conditions.

4. Is there a waiting period before I can collect benefits? Yes, most states require a waiting period of seven to fourteen days before benefits begin.

5. Can I collect disability benefits while working part-time? Some states allow partial benefits if you return to work part-time, but still experience reduced earnings due to your condition.

Final Thoughts on State-Mandated Disability Benefits

Effectively managing disability benefits helps create a supportive workplace while ensuring compliance with state and federal regulations. By staying informed and implementing clear policies, employers can protect their organization and empower employees facing challenging circumstances.

At MyHRConcierge, our team is dedicated to helping remain compliant in navigating the complexities of disability benefits, allowing employers to focus on their core operations while ensuring their workforce receives the support they need. For more information on how MyHRConcierge can be your organization’s trusted partner, contact us today at ccooley@myhrconcierge.com, 855-538-6947 ext. 108. Or, schedule a free consultation: