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That depends on how many hours they work. If it’s 20 or more, you’ll need coverage for disability and Paid Family Leave. If it’s 40 or more, you’ll need workers’ compensation coverage as well.

Domestic workers include: au pairs, babysitters, butlers, chauffeurs, companions, cooks, gardeners in a private household, home health aides, housekeepers, laundry workers, maids, nannies and nurses.

When you employ domestic workers, check to see if you have a valid policy or are exempt from this requirement. If you are required to have this coverage, and don’t have it, there may be penalties imposed.

If you’re having difficulty or need assistance, you can call 518-486-3331 or email: advocatebusiness@wcb.ny.gov.

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One idea the Board likes is forming a labor/management safety committee. It’s simple, free, and might save a life! Before there is even an incident, injury, illness, or worse, employers and employees together can reduce the chances of problems happening in the first place.

Consider building your committee with the same number of managers and workers. Your committee could meet once a month, or on some other regular basis; and should have an agenda for each meeting. Consider appointing a Chair—a leader; or several leaders who serve on a rotating basis.

It’s a good idea to discuss places on your worksite where incidents are likely to happen—or where they do happen. Talk about any equipment workers use and make sure it’s being properly used and maintained. You might also review your procedures. Have you documented the safest ways to do your daily operations? Ask yourselves: Is training focused on the safest way to get the job done? If not, make that a priority. Create standards of safety—and stick to them. Safety committees are not for reviewing workers’ compensation claims; they are created to help prevent accidents and illnesses.

Yes, a few things:

• You must ensure your employees understand their rights by displaying the required insurance posters (in both in English and Spanish). You must provide coverage to all your employees, regardless of their citizenship and/or immigration status. If you receive notice from an employee or if you witness an employee injury, you should report it to your carrier as soon as possible because reportable accidents must be filed with the Board within 10 days of the accident or illness. Remember: state law prohibits discriminating against an employee for filing a claim.
• You must also obtain disability benefits insurance that includes Paid Family Leave (PFL) benefits. (PFL is usually a rider on a disability benefits insurance policy.) As described in more detail on Disability Benefits Information for Employers, disability insurance covers off-the-job injuries and illnesses. If an employee’s injury or illness results in their becoming ineligible for unemployment benefits, they may collect disability benefits. As described in more detail on Paid Family Leave Information for Employers, PFL is employee-funded insurance that provides job-protected, paid time off for employees to bond with a new child, care for a family member with a serious health condition, assist family members during times of active military service deployment abroad and help in certain situations when an employee or their minor, dependent child are under a mandatory order of quarantine or isolation due to COVID-19. When an employee files for PFL, they fill out Part A of the request form, and then give it to you to complete Part B, and return it to the employee within three business days.

Not necessarily.

You would be covered in that situation if your carrier is licensed to write workers' compensation policies in New York State and if you can show that New York State is listed in "Item 3A" on the Information Page of your workers' compensation insurance policy.

If neither of those are true, then you would have to buy a separate policy from a New York-licensed carrier, or move your workers' comp coverage to a carrier that covers your state and New York State.

Learn more about requirements for out-of-state employees.

It depends. If the employee believes their COVID-19 is work-related, you must report the illness to your insurance carrier as you would with any other work-related illness or injury, and follow all other workers' compensation protocols.

If your employee's illness is unrelated to their job, you do not have to report the illness to anyone, however you may be required to provide COVID-19 paid sick leave under legislation that was signed into law in March 2020. Under the law, some employers in New York State are required to provide at least 5 or 14 days of job protected, paid COVID-19 sick leave to employees who need to take leave because they are under a mandatory or precautionary order of quarantine or isolation due to COVID-19. The amount of COVID-19 sick leave an employer is required to provide depends on the number of employees they have and the employer's net annual income. Additionally, some employees may be eligible for COVID-19 quarantine paid family leave if they or their minor dependent child is under a mandatory or precautionary order of quarantine or isolation due to COVID-19. For complete details, see COVID-19 Paid Leave: Guidance for Employers.

As soon as you decide to have employees and before you have any employee on your payroll, you should have a workers’ compensation insurance policy. You never want to have an employee first and then get the insurance. The moment someone starts working for you, you need to have workers’ compensation insurance coverage.

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Eligible employees may take NYS Paid Family Leave to care for stepparents who have a serious health condition. A serious health condition is an injury, illness, impairment, or physical or mental condition requiring either inpatient care or continuing treatment or supervision by a health care provider.

The employee should file a request with your Paid Family Leave insurance carrier. The carrier will decide whether or not to accept the request. Additional information is available at PaidFamilyLeave.ny.gov.

As of January 1, 2022, domestic workers employed 20 or more hours per week by the same employer are considered covered employees when it comes to Temporary Disability Benefits and Paid Family Leave. This includes chauffeurs, nannies, home health aides, nurses, babysitters, au pairs, maids, cooks, housekeepers, laundry workers, butlers, companions, and gardeners in a private household.

If you employ domestic workers, check to see that you either have a valid policy or are exempt from this requirement. If you are required to provide this coverage, and don't, there may be penalties imposed.

Yes, workers' compensation coverage is required for any family members, regardless of age, who provide paid or unpaid services to a for-profit business. However, Disability and Paid Family Leave benefits coverage is not required for students in elementary or secondary school who work during the school year or during regular vacation periods as a part-time worker, because they are excluded from the definition of "employment" under the NYS Disability and Paid Family Leave Benefits Law.

The Board has a list of ten criteria used to determine whether an individual is an independent contractor. An independent contractor:

1. Controls the time and manner in which the work is to be done;
2. Obtains a Federal Employer Identification Number from the Internal Revenue Service (IRS) or has filed business or self-employment income tax returns with the IRS based on work or service performed the previous calendar year;
3. Maintains a separate business establishment from the hiring business;
4. Performs work that is different than the primary work of the hiring business and performs work for other businesses;
5. Operates under a specific contract, is responsible for satisfactory performance of work under the contract and subject to profit or loss in performing the contracted work and is in a position to succeed or fail if the business' expenses exceed income.
6. Obtains a liability insurance policy (and if appropriate, workers' compensation, disability benefits and Paid Family Leave insurance policies) under their own legal business name and federal employer identification number;
7. Has recurring business liabilities and obligations;
8. Has business cards or advertises, publicizes their own business, not another entity;
9. Provides all equipment and materials necessary to fulfill the contract; and
10. Works under an independent operating permit, contract or authority.

The construction and transportation industries have specific criteria that must be met for independent contractors. Those can be viewed on our Identifying an Independent Contractor page. You can also call the Advocate for Business helpline at (518) 486-3331 or email AskTheAdvocate@wcb.ny.gov with additional questions.

Businesses with employees need coverage. An employee is defined as:

• Anyone providing any services to a for-profit business.
• Any compensated individual providing services to a nonprofit except for clergy and teachers in a 501(c)(3) not-for-profit organization.

There are a few instances in which employers do not need coverage:

• Sole proprietors with no employees, family members, or sub-contractors working for them. In other words, if you work for yourself with no employees.
• LLCs and all members with no employees.
• One or two-person owned corporations with no employees, who hold all of the offices of that corporation. They must each own at least one share of the corporation's stock, and between the two of them they must own all the shares. There can be no third share holder.

For more information, please see Who Is Covered by the Workers’ Compensation Law? and Who Is Not Covered by the Workers’ Compensation Law?

As an employer, you must:

• Obtain the required insurance.
• Display a poster, in Spanish and English, notifying employees of their coverage.
• Help an employee immediately if they become injured or ill on the job.
• File claims within 10 days of accident or illness.

Learn more at Employer’s Rights and Responsibilities.