Voluntary Coverage (WCL §212)
Generally speaking, voluntary coverage may be obtained for compensated employees in New York State employments
for whom disability benefits are not required by law with a few exceptions (i.e. members of an LLC or
LLP, and sole proprietors).
Employers who wish to provide voluntary coverage must complete an application for voluntary coverage
(DB-135 or DB-136). Once approved, the employer is a covered employer subject to the provisions of the
If an employer wishes to discontinue voluntary coverage, they must provide ninety (90) days written notice to the Chair
and to the employees, with
provisions made for the payment of obligations incurred on and prior to the effective termination date.
Voluntary coverage must be maintained for not less than one year.
Voluntary coverage may be provided for:
- a minor child (less than 18 years old) of the employer.
- a domestic or personal worker in a private home who is employed for less than forty hours per week by any one employer.
- a duly ordained, commissioned, or licensed minister, priest or rabbi, a sexton, a Christian Science
reader, or member of a religious order.
- one or two executive officers of a corporation that has no other employees, 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 and have no other
employees (one or two executive officers of a corporation who at all times during the period involved own
all of the issued and outstanding stock of the corporation and hold all the offices and have other
employees may elect to be voluntarily excluded from coverage).
- an executive officer of an incorporated religious, charitable or educational institution, or persons
engaged in a professional or teaching capacity in or for a religious, charitable or educational
- volunteers in or for a religious, charitable or educational institution, or persons participating in
and receiving rehabilitative services in a sheltered workshop operated by a religious, charitable or
educational institution under a certificate issued by the US Department of Labor, or recipients of
charitable aid from a religious or charitable institution who perform work in or for the institution
which is incidental to or in return for the aid conferred, and not under an express contract of hire.
- persons performing services for a public authority, municipal corporation or a fire district or other political subdivision.
- persons performing services as farm laborers.