NY Work Comp L § 212 (2021)
2021 New York Laws WKC - Workers' Compensation Article 9 - Disability Benefits 212 - Voluntary Coverage.

§  212.  Voluntary  coverage.  1.  Any  employer  not required by this article to provide  for  the  payment  of  disability  or  family  leave benefits  to  his  employees,  or  to  any class or classes thereof, may become a covered employer or bring within the provisions of this article such employees or class or classes thereof by  voluntarily  electing  to provide  for  payment  of  such  benefits in one or more of the ways set forth in section two hundred eleven of this article; but  such  election shall  be subject to the approval of the chair, and if the employees are required to contribute to the cost of such benefits  the  assent  within thirty  days  before  such approval is granted, of more than one-half of such employees shall be evidenced to the satisfaction of the  chair.  On approval  by  the  chair  of  such election to provide benefits, all the provisions of this article shall become and continue  applicable  as  if the  employer  were  a  covered employer as defined in this article. The obligation to continue as a covered employer with respect  to  employees for  whom  provision of benefits is not required under this article, may be discontinued by such employer on ninety days notice to the  chair  in writing  and  to  his or her employees, after he or she has provided for payment of benefits for not less than one year and with  such  provision for payment of obligations incurred on and prior to the termination date as the chair may approve.   2.  Notwithstanding  the  definition of "employer" and "employment" in section two hundred one of this article, a public authority, a municipal corporation or a fire district or other political subdivision may become a covered employer for the  purpose  of  providing  disability  benefits under  this  article by complying with the provisions of subdivision one of this section and may discontinue such status only as provided in that subdivision.   3. Notwithstanding the  definition  of  "employment"  in  section  two hundred  one  of  this  article,  service  as  a farm laborer may become covered employment by the employer  complying  with  the  provisions  of subdivision  one  of this section and such employer may discontinue such status only as provided in that subdivision.   4. (a) An executive officer of a corporation who at all  times  during the  period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to  paragraph  (e)  of section  seven  hundred  fifteen  of the business corporation law or two executive officers of a corporation who at all times during  the  period involved  between  them  own  all of the issued and outstanding stock of such corporation and hold all such offices provided, however, that  each officer  must  own  at least one share of stock and who is the executive officer or who are the executive officers of a corporation having  other persons  who  are  employees  required to be covered under this article, shall be deemed to be  included  in  the  corporation's  disability  and family  leave benefits insurance contract or covered by a certificate of self-insurance or a plan  under  section  two  hundred  eleven  of  this article,  unless  the  officer or officers elect to be excluded from the coverage of this article. Such  election  shall  be  made  by  any  such corporation  filing  with  the  insurance  carrier,  or the chair of the workers' compensation board in the case of self-insurance, upon  a  form prescribed by the chair, a notice that the corporation elects to exclude the  executive  officer  or  officers  of  such corporation named in the notice from the  coverage  of  this  article.  Such  election  shall  be effective  with  respect  to  all policies issued to such corporation by such insurance carrier as long  as  it  shall  continuously  insure  the corporation. Such election shall be final and binding upon the executive officer   or   officers  named  in  the  notice  until  revoked  by  the corporation.  (b) Notwithstanding  the  definition  of  "employer"  in  section  two hundred  one  of  this  article,  a sole proprietor, member of a limited liability  company  or   limited   liability   partnership,   or   other self-employed person may become a covered employer under this article by complying with the provisions of subdivision one of this section.   5.  A  spouse who is an employee of a covered employer shall be deemed to be included in the employer's disability and  family  leave  benefits insurance  contract  or  covered by a certificate of self-insurance or a plan under section two  hundred  eleven  of  this  article,  unless  the employer  elects  to  exclude  such  spouse  from  the  coverage of this article. Such election shall be made by any such  employer  filing  with the  insurance  carrier, or the chair of the workers' compensation board in the case of self-insurance, upon a form prescribed by  the  chair,  a notice  that  the  employer  elects  to exclude such spouse named in the notice from the  coverage  of  this  article.  Such  election  shall  be effective  with  respect to all policies issued to such employer by such insurance carrier as long as it shall continuously insure the  employer. Such  election  shall  be final and binding upon the spouse named in the notice until revoked by the employer.