--- title: "Benefits for Servers in New York" description: "New York gives up to 12 weeks of job-protected Paid Family Leave, short-term disability pay, the $0-premium Essential Plan, and a state EITC." url: https://www.tipmaxapp.com/us/answers/new-york/benefits language: en publisher: TipMax (Entermaurs Incorporated) date_published: 2026-09-23 last_verified: 2026-09-23 --- # What benefits can servers get in New York? **Short answer:** **Two payroll-funded programs, plus health and tax help.** Paid Family Leave gives up to 12 weeks of job-protected, paid time off to bond with a new child or care for a seriously ill relative, at 67% of your average weekly wage. Separate disability benefits cover your own off-the-job illness or injury. The Essential Plan has $0 premiums, and the state EITC adds 30% of your federal credit. ## The rules in New York | Rule | What it says | | --- | --- | | Paid Family Leave | Up to 12 weeks of job-protected, paid leave to bond with a new child, care for a family member with a serious health condition, or help when a family member is deployed abroad. | | Paid Family Leave pay, 2026 | 67% of your average weekly wage (generally your last eight weeks of wages), up to $1,228.53 a week. You pay 0.432% of gross wages, up to $411.91 for the year. | | Who qualifies for Paid Family Leave | At 20 or more regular hours a week, after 26 consecutive weeks with your employer. Under 20 hours, after 175 days worked, which don’t need to be consecutive. | | How to request it | Fill out Form PFL-1 with your employer, which must return it within three business days, and send the package to your employer’s insurance carrier within 30 days of starting leave. | | Disability benefits (off-the-job illness or injury) | Half your average weekly wage over your last eight weeks, up to $170 a week, for up to 26 weeks in a year, after a 7-day wait. File Form DB-450 within 30 days. Your share is 0.5% of wages, no more than 60 cents a week. | | Paid sick leave | Up to 56 paid hours a year at employers with 100 or more employees, 40 at 5 to 99, earned at 1 hour per 30 worked. Pregnant workers get 20 more paid hours for prenatal care. | | New York earned income credit | Generally 30% of your federal EITC, reduced by any household credit. Refundable for full-year residents. Claim it on Form IT-215. | | Empire State child credit | For full-year residents with a child under 17: for 2026, $1,000 per child under 4 and $500 per child aged 4 to 16. Claim it on Form IT-213. | | Essential Plan | $0 monthly premiums for residents aged 19 to 64 who don’t qualify for Medicaid or job coverage, with 2026 income up to $31,920 for one person. Apply through NY State of Health. | > “New York State Paid Family Leave provides eligible employees with up to 12 weeks of job protected, paid time off to bond with a new child, care for a family member with a serious health condition, or to assist loved ones when a family member is deployed abroad on active military service.” (New York Paid Family Leave: updates for 2026, https://paidfamilyleave.ny.gov/2026) ## What’s different in New York New York splits leave into two programs, and they’re easy to mix up. If your mother has surgery, that’s Paid Family Leave, paid up to $1,228.53 a week in 2026. If you break your own wrist skiing, that’s disability, capped at $170 a week. The part-time rule matters on a restaurant schedule: under 20 hours a week, you qualify after 175 days on the job, counted even if they’re spread out. Health coverage shifted this year. From July 1, 2026, the Essential Plan dropped enrollees between 200% and 250% of the poverty level because of federal funding changes; people in that band may qualify for a marketplace plan with financial help instead. Below 200%, the $0-premium plan continues. Plus the federal programs. ## Official sources - [New York Paid Family Leave: updates for 2026](https://paidfamilyleave.ny.gov/2026) - [New York Paid Family Leave: eligibility](https://paidfamilyleave.ny.gov/eligibility) - [New York Paid Family Leave: benefits](https://paidfamilyleave.ny.gov/benefits) - [New York Paid Family Leave: how to request family care leave](https://paidfamilyleave.ny.gov/paid-family-leave-family-care) - [New York Workers’ Compensation Board: disability benefits for employees](https://www.wcb.ny.gov/content/main/DisabilityBenefits/employee-disability-benefits.jsp) - [New York Workers’ Compensation Board: disability benefits eligibility and amounts](https://www.wcb.ny.gov/content/main/DisabilityBenefits/employee-eligibility-benefits.jsp) - [New York State: paid sick leave](https://www.ny.gov/programs/new-york-paid-sick-leave) - [New York State: paid prenatal leave](https://www.ny.gov/programs/new-york-state-paid-prenatal-leave) - [New York State Department of Taxation and Finance: earned income credit](https://www.tax.ny.gov/pit/credits/earned_income_credit.htm) - [New York State Department of Taxation and Finance: Empire State child credit](https://www.tax.ny.gov/pit/credits/empire_state_child_credit.htm) - [NY State of Health: Essential Plan](https://info.nystateofhealth.ny.gov/EssentialPlan) - [NY State of Health: Essential Plan changes due to federal rules](https://info.nystateofhealth.ny.gov/news/information-essential-plan-enrollees-about-changes-due-federal-rules) ## Last verified September 23, 2026. Checked the agency pages linked above. **Still open:** The Paid Family Leave benefits page counts bonuses and commissions in your average weekly wage but doesn’t mention tips. Ask your employer’s carrier how your reported tips are counted. ## About TipMax New York figures Paid Family Leave and disability pay from your last eight weeks of wages, and a shift log shows what those weeks held. TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards. Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146 --- TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is **not legal, tax, or accounting advice**. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.