Under New York State law, employers must provide Disability and Paid Family Leave insurance coverage to employees, which includes part-time, temporary, and even unpaid workers, if they have been employed for more than four weeks. This insurance offers partial wage replacement for off-the-job injuries, illnesses, or qualifying family leave. Sole proprietors and small corporations with one or two owners are exempt from mandatory coverage but can opt for it voluntarily. Partnerships, LLCs, and LLPs without employees are also not required to provide coverage but may choose to do so for their members.
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Under New York State Workers' Compensation Law, an employee is anyone who performs services for a for-profit business under the supervision, direction, and control of that business, regardless of their employment status. This includes part-time, full-time, temporary, seasonal, casual, day labor, leased, borrowed, and unpaid workers, including family members and volunteers.
For-profit businesses must provide Disability and Paid Family Leave benefits coverage four weeks following the 30th day of employment for their employees, including part-time and temporary workers.
Sole proprietors are not required to have Disability and Paid Family Leave benefits coverage if they do not have any employees. However, they may choose to voluntarily cover themselves under a disability benefits and Paid Family Leave policy.
Partnerships, LLCs, and LLPs are not required to have Disability and Paid Family Leave benefits coverage if they do not have any employees. Members and partners in these entities are not considered employees for these purposes but may voluntarily choose to cover themselves.
A one or two-person corporation (where individuals own all the stock and hold all offices) is not required to have Disability and Paid Family Leave benefits coverage, provided there are no employees or unpaid volunteers. If a corporation has more than two corporate officers or shareholders, or if the officers do not own all the shares, then Disability and Paid Family Leave benefits coverage is required.
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