Is Disability and Paid Family Leave Benefits Coverage Required?
Voluntary coverage may be obtained by public and private employers for their compensated employees in New York State employments for whom disability benefits are not required. Employers who wish to provide voluntary coverage must complete an application and, upon approval of the chair, the employer is a covered employer subject to the provisions of the Disability and Paid Family Leave Benefits Law.
Private Employers
Private employers may apply to provide voluntary coverage by filling out Employer's Application for Voluntary Coverage (No Employee Contribution) (Form DB-135) or Employer's Application for Voluntary Coverage for Class of Employees For Whom Disability Benefits Are Not Required by Law (Employee Contribution) (Form DB-136). Note, private employers that choose to provide disability benefits also elect to provide Paid Family Leave benefits. One may not be provided without the other.
Public Employers
Public employers may apply to provide voluntary disability benefits coverage by filling out Employer's Application for Voluntary Coverage (No Employee Contribution) - Form DB-135 or Employer's Application for Voluntary Coverage for Class of Employees For Whom Disability Benefits Are Not Required by Law (Employee Contribution) - Form DB-136.
Public employers may also provide voluntary Paid Family Leave coverage by filling out for Employer's Application for Voluntary Coverage (No Employee Contribution) - Form PFL-135 or Employer's Application for Voluntary Coverage (Employee Contribution Required) - Form PFL-136) (employee contribution).
Public employers, unlike private, may choose to provide Paid Family Leave and/or disability benefits coverage.
Discontinue Voluntary Coverage
If an employer wishes to discontinue voluntary coverage, they must provide ninety (90) days written notice to the Chair and to the employees, with provisions made for the payment of obligations incurred on and prior to the effective termination date. Voluntary coverage must be maintained for no less than one year.