Public Employers
New York State public employers, including governmental agencies, political subdivisions and public authorities, may obtain voluntary coverage for Disability Benefits and Paid Family Leave.
A public employer must:
- Complete the DB and PFL Employer’s Application for Voluntary Coverage form(s) (which can be found under “Forms & Online User Guides.”)
- Notify all employees who will be required to make contributions and the New York State Workers' Compensation Board (WCB) 90 days before any employee deductions are made.
- Maintain the policy for at least 1 year from the approval date.
- Provide 12 months’ notice if they choose to opt out of voluntary coverage for DB and PFL.
Domestic Household Employees
Domestic workers include chauffeurs, nannies, home health aides, nurses, babysitters, au pairs, maids, cooks, housekeepers, laundry workers, butlers, companions, and gardeners working in a private household.
- Disability and Paid Family Leave benefits coverage is required if the domestic workers are employed 20 or more hours per week by the same employer (including full-time sitters or companions, and live-in maids) and they work 30 or more days in a calendar year for that employer.
- Disability and Paid Family Leave benefits coverage is not required if the only people who work for the household are domestic workers in a private household who individually work less than 20 hours per week for that household and do not live on premises.
Sole Proprietors, Partners, Limited Liability Companies and Limited Liability Partnerships
Sole proprietors, partners, members of Limited Liability Companies or Limited Liability Partnerships and other self-employed individuals who are exempt from New York State Disability Benefits insurance coverage may opt in for combined DB and PFL coverage by submitting an Application for Voluntary Coverage Form (which can be found under "Forms and Online User Guide") to the New York State Workers' Compensation Board to complete enrollment.
While you as the owner can elect coverage at any time, it is important to understand that if coverage is obtained more than 26 weeks after starting your business, a two-year waiting period for Paid Family Leave benefits will apply. There is no wait period for employees.
Obtaining coverage is the first step. Separate eligibility requirements must be met before you or your employees can utilize Disability and Paid Family Leave benefits.
Farm Workers
The Farm Laborers Fair Labor Practices Act, which took effect on January 1, 2020, requires employers to provide Disability Benefits and Paid Family Leave coverage to farm workers. The only farm workers automatically exempt are a farm employer’s own minor children, or full-time students in secondary school. NYSIF is here to help you comply with the new law. Please see our Farm Bill Coverage Form to update your policy. More information regarding this legislation can be found on the state Department of Labor's website.