Employer Coverage under the New York Family Leave Law, N.Y. Workers’ Comp. Law §§ 200 et seq)
- Exemptions
Under the New York Family Leave Law, N.Y. Workers’ Comp. Law §§ 200 et seq), several categories of individuals have been exempted as employees. These individuals include (1) independent contractors, (2) individual(s) receiving or taking part in rehabilitative services in a sheltered workshop run by an educational, charitable, or religious institution, or a person getting charitable help from any of these institutions, (3) a teacher or professional in an educational, charitable, or religious institution, (4) certain members of a religious order, (5) minor child/children or spouse of the employer, (6) certain media sales representatives, (7) certain licensed real estate sales or broker associate(s), casual employees, (8) farm laborers, (9) certain corporate officers, and (10) director(s) of a corporation playing the role of director(s) only.
- Types of Employers Covered
Pursuant to N.Y. Comp. Codes R. & Regs. tit. 12, § 355.1 and N.Y. Workers’ Comp. Law § 201(4), a covered employer includes (1) a receiver or trustee of an employer and (2) a corporation, association, partnership, or individual that employs a legal representative or individuals of a deceased employer.
- How to Calculate the Required Number of Employees
Further, pursuant to N.Y. Workers’ Comp. Law § 202(2), the required count of employees is calculated with respect to employers of domestic or personal employees in a private home, an employee who is employed at least 30 days in a calendar year is counted and works at least 40 hours per week. In addition, pursuant to N.Y. Workers’ Comp. Law § 202(1), employees who have worked at least 30 days in a calendar year are considered when calculating the required number of employees.
- Minimum Count of Employees Required to Trigger Employer Coverage
Finally, pursuant to N.Y. Comp. Codes R. & Regs. tit. 12, § 355.4 and N.Y. Workers’ Comp. Law §§ 202(1), 202(2), at least one employee (with regards to the description and definition of an employee under the New York Family Leave Law) is required to bring an employer under coverage.
In Part V of this series, we will move this discussion forward by hammering on “Employer Coverage under the New York Professional Employer Act, N.Y. Lab. Law §§ 915 et seq.” in which we will discuss key issues regarding exemptions to the definition of “employee” and “employer,” the types of employers covered, how to calculate the number of employees as required, and the count of employees needed to bring employers under coverage under this statute.
As usual, stay tuned for more legal guidance, training, and education.
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Always rising above the bar,
Isaac T.,
Legal Writer & Author.