N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-10.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 380-10.2 - Voluntary coverage for family leave when already providing voluntary disability benefits coverage

(a) An employer or individual approved for, and providing, voluntary disability benefits coverage pursuant to section 212 of the Workers' Compensation Law prior to January 1, 2018, is approved to provide voluntary coverage for family leave benefits if desired; however, the disability and family leave benefits must be provided under a single insurance policy.

(b) An employer or individual approved for, and providing, self-insured voluntary disability benefits coverage prior to January 1, 2018 who wishes to obtain a separate family leave benefits policy, must notify the chair that such policy has been obtained.

(c) An employer who provides voluntary disability benefits to its employees on December 1, 2017, and is permitted under sections 212, 212-a and 212-b of the Workers' Compensation Law to provide only disability benefits or family leave benefits to its employees, must notify its employees and the board that it will or will not be providing family leave benefits to its employees prior to December 1, 2017.

(d) An employer or individual who is permitted and wishes to elect to become a covered employer to provide family leave benefits in accordance with section 212 of the Workers' Compensation Law who is not an employer or individual described in subdivision (a) or (b) of this section:

(1) shall seek prior authorization from the chair even where such employer had previously received authorization for and canceled such election; and

(2) may be required to explain, to the satisfaction of the chair or his or her designee, the reason for the cancellation of a prior election before re-authorization is provided.

(e) Where required, authorization may be denied if the chair or his or her designee finds that the election is being made in such a manner as to manipulate or exploit the use of family leave benefits. In making such a determination, the chair or his or her designee will consider the number of prior elections and cancellations made by the employer or individual, the type and size of the employer or business, and any other information that the chair or his or her designee deems to be relevant.

(f) Those employers and individuals providing voluntary coverage pursuant to this Title and section 212 of the Workers' Compensation Law shall maintain such coverage for at least one year, and may only cancel such coverage after having provided 90 days notice of such cancellation to all affected employees. Those employers must also provide notice of cancellation to the board in the format prescribed by the chair.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-10.2

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017