New York Assembly Bill A04906

New York 2025-2026 Regular Session

• Introduced: 2/10/25
• Refer: 2/10/25
• Refer: 1/7/26

Caption

Provides that the weekly benefit which the disabled employee is entitled to receive for disability commencing: on or after January first, two thousand twenty-eight shall be fifty percent of the employee's average weekly wage but shall not exceed fifty percent of the state average weekly wage; on or after January first, two thousand twenty-nine 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; on or after January first, two thousand thirty shall be sixty percent of the employee's weekly average wage but shall not exceed sixty percent of the state average weekly wage; and on or after January first of each succeeding year, shall be sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the state average weekly wage.

Summary

A04906, the “Equity in Leave Act,” would amend New York’s Workers’ Compensation Law to increase temporary disability benefits over time and to expand related worker protections. For disabilities beginning on or after January 1, 2028, the weekly benefit would rise to 50% of average weekly wage, then to 55% in 2029, 60% in 2030, and 67% in each year after that, each subject to a cap tied to the state average weekly wage. The bill also raises the employee payroll contribution for disability benefits beginning in 2028, from one-half of 1% of wages capped at 60 cents per week to the same percentage capped at $2.20 per week.

Impact

The bill would substantially revise the benefit formula in section 204 of the Workers’ Compensation Law for temporary disability claims, increasing the wage replacement rate and indexing the cap to the state average weekly wage for future claims. It would also amend related provisions to clarify that disability leave is covered alongside family leave for purposes of anti-interference and anti-retaliation protections, job reinstatement rights, and continuation of health insurance during leave. In addition, it would expressly prohibit employer conduct that interferes with claims, including failing to provide required notices or carrier information, giving inaccurate claim information, refusing leave until carrier approval, or threatening adverse action against employees seeking leave.

Sentiment

The bill’s framing and title suggest a pro-worker, equity-oriented approach, and its text reflects a policy goal of improving income support and leave protections for disabled employees. No committee transcript or recorded votes were provided, so there is no documented floor or committee debate to indicate formal support or opposition. Based on the bill language alone, the measure appears designed to expand benefits and strengthen enforcement rather than to narrow existing rights.

Contention

The main likely point of contention is cost: the bill increases disability benefit levels and raises employee contributions, which could draw concern from employers, insurers, and some policymakers about premium impacts and administrative burden. Another possible issue is the expanded anti-retaliation language, which reaches a broad range of employer conduct and could be viewed as increasing compliance and litigation exposure. Supporters would likely emphasize improved wage replacement, stronger leave access, and clearer protections against employer interference, while critics may focus on the higher contribution cap and the broader obligations imposed on employers.