The spouse of an employer must be covered by New York State disability benefits unless a spousal exclusion form (DB-212.5) is filed.
Sole proprietorships, regular partnerships, individual trustees, individual receivers and legal representatives may be eligible for spousal exemptions from the coverage requirements under the NYS Disability and Paid Family Leave Benefits Law. Such election shall be final and binding upon the spouse named in the notice until revoked by the employer. To revoke the election to exclude a spouse from coverage under the NYS Disability and Paid Family, the employer must notify both the Board and their carrier with an updated Form DB-212.5.
Corporations, LLCs, LLPs, LPs, PLLCs, PLLPs, RLLCs, RLLPs, Joint Ventures, associations, unions, and non-profits are NOT eligible for spousal exemptions.