Disability and Paid Family Leave Benefits Coverage Requirements

Virtually all employers in New York State must provide disability and Paid Family Leave benefits coverage for their employees (WCL §202). An employer, who has had in New York State employment, one or more employees on each of at least 30 days in any calendar year, shall be a "covered employer" subject to the Disability Benefits Law after the expiration of four weeks following the 30th day of such employment (WCL §202). These 30 days of employment need not be consecutive days but must be work days of employment in one calendar year

Additionally, an employer who by operation of law becomes successor to a covered employer, or who acquires by purchase or otherwise the trade or business of a covered employer, immediately becomes a covered employer

The following links provide specific coverage requirements for disability and Paid Family Leave benefits insurance:

• Black Car Operators
• Borrowed Employees
• Farms
• For-Profit Businesses
• For-Profit Corporation With No Employees
• Household Employers (Employers of Domestic Workers)
• Independent Contractor
• Horse Racing
• Leased Employees
• Licensed Insurance Agents
• Licensed Real Estate Agents
• Media Sales Representatives
• Native American Enterprises
• Nonprofit Entities
• Nonprofit Entities with No Employees
• Out-of-State Employers With Employees Working in NYS
• Out-of-State Employers with Employees Who Live In NYS, But Work Elsewhere
• Partnerships, Limited Liability Companies (LLCs) or a Limited Liability Partnerships (LLPs)
• Sole Proprietorships
• Spouse of Employer
• Students - Elementary and high school students; student interns
• Taxi/Livery
• Unions
• Voluntary Coverage