Out-Of-State Employers and Employees
Paid Family Leave is a benefit for people who work in New York State; it does not matter where the employer is headquartered or where the employee lives.
For example:
- If you have one or more employees in employment in New York State for 30 or more days in a calendar year, you must obtain disability and Paid Family Leave coverage for those employees.
- You can either purchase coverage from an insurance carrier or apply to the Workers' Compensation Board to become self-insured.
- A list of insurers offering Paid Family Leave policies is available on the Department of Financial Services website.
- If you want to self-insure you can contact the Workers' Compensation Board's Self-Insurance Office at [email protected]. Guidance for self-insurers is also available on the Workers' Compensation Board website.
When are employers exempted from providing Paid Family Leave coverage?
- An employee who usually works outside New York State but occasionally comes into New York State for work is likely not considered a New York State employee.
- An employer that is located outside of New York State does not need to cover employees who live in New York State but work outside of New York State.