Full-time employees are eligible after completion of four consecutive weeks of employment unless they have previously established their eligibility. Part-time employees are eligible on the 25th day of regular employment unless eligibility was previously established. If an employee is terminated after establishing eligibility, the employee will continue his eligibility on the first day of the new employment, provided that the new employment commences within four weeks after his termination. During these four weeks, DBL benefits will be provided by the old employer unless new employment is established.
If an employee assumes employment for a period in excess of five days, with an employer who is not required to provide DBL benefits, the employee loses eligibility and must reestablish it upon assuming employment with an employer who is required to provide DBL benefits.
A terminated employee, who has previously established eligibility and who receives Unemployment Insurance Benefits, is eligible for DBL on the first day of new employment.
An employee, returning to work after an agreed unpaid leave of absence or vacation, is eligible for DBL immediately upon returning to work.
Employers in New York State who employ one or more people on each of 30 days in any calendar year must provide this coverage at the end of four consecutive weeks following the 30th day of employment. DBL coverage is mandatory for one or more domestics if:
- The employee works a minimum of 40 hours a week and,
- The employee is employed on each of at least 30 days in any calendar year.
50% of salary (based on last eight weeks salary) to a maximum of $170.00 per week, beginning on the 8th consecutive day of disability.
Claims should be reported within 30 days directly to Fiduciary Insurance Company of
America.
The following groups of employees are NOT eligible for coverage under the Disability Benefits Law.
- The minor children of the employer.
- Daytime students in an elementary or secondary school who also work.
- An independent contractor.
- Ministers, priests, rabbis, members of religious orders, sextons and Christian Science leaders.
- Persons engaged in a professional or teaching capacity in or for a non-profit religious, charitable or educational institution.
- A volunteer in for a religious charitable or educational institution or one who performs work in, or for, the institution in return for aid.
- A golf caddie.
- An employee during the first 45 days of "extra employment" (Extra employment means those people who are normally not in the labor market who might be hired for regular or casual work in the normal course of business for a specified limited period of time).
- Executive officer(s) of a one or two person corporation which has no other eligible employees, and where the executive officer(s) owns all the stock and holds all of the offices of the corporation.
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