Does Texas have a state disability insurance program like California or New York?

Short answer: No. Texas has no statutory short-term disability program, so any disability income an employer offers in Texas is its own choice. The states that mandate short-term disability are California, Hawaii, New Jersey, New York and Rhode Island, plus Puerto Rico.

In those states, employers or employees fund a state-required short-term disability benefit, either through a state fund or through private insured plans that meet the state’s terms. Benefits differ widely. For 2026, California’s maximum weekly benefit is $1,765. New York pays 50% of the average weekly wage, capped at $170 per week, for up to 26 weeks in a 52-week period.

Texas employers have no such mandate, and Texas does not require workers’ comp for most private employers either (Labor Code 406.002). For a Texas workforce, group STD and LTD are the main income protection besides Social Security Disability.

A plan maintained solely to comply with a state disability insurance law is exempt from ERISA (29 U.S.C. 1003(b)(3)). A Texas employer’s STD or LTD plan is generally an ERISA plan unless it fits the voluntary-plan safe harbor.

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