New York Laws
Article 9 - Disability Benefits
212 - Voluntary Coverage.

(b) Notwithstanding the definition of "employer" in section two
hundred one of this article, a sole proprietor, member of a limited
liability company or limited liability partnership, or other
self-employed person may become a covered employer under this article by
complying with the provisions of subdivision one of this section.
5. A spouse who is an employee of a covered employer shall be deemed
to be included in the employer's disability and family leave benefits
insurance contract or covered by a certificate of self-insurance or a
plan under section two hundred eleven of this article, unless the
employer elects to exclude such spouse from the coverage of this
article. Such election shall be made by any such employer filing with
the insurance carrier, or the chair of the workers' compensation board
in the case of self-insurance, upon a form prescribed by the chair, a
notice that the employer elects to exclude such spouse named in the
notice from the coverage of this article. Such election shall be
effective with respect to all policies issued to such employer by such
insurance carrier as long as it shall continuously insure the employer.
Such election shall be final and binding upon the spouse named in the
notice until revoked by the employer.

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