2023 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.