Short Term Disability - Employer located in muliple states

[DTH]

Does the state of New York require an employer headquartered in New York_to provide_to all employees, including employees who work outside of New York, short term disability insurance.

_

Example:_ ABC company headquartered in NYC._ Division X is in the mid-west .. does the employer use the NY insurance rules for employees in_the mid-west state?_ The mid-west state does not require_employers to provide short term disability.

_

Could you also provide me with the NY cite and, if applicable, regulation.

_

Thank You!

[mroberts]

No it does not. I not sure where it is in the regulations, however, all state mandated STD benefits, whether it be NY, CA, RI, NJ or HI, are intended for only those employees working in that state and are not extraterritorial.

With that being said, many employers HQ'd in NY state that have employees elsewhere do cover them under the DBL policy for consistency. The company may then have an enchanced STD policy or internal salary continuance plan that provides greater benefits.

[KIP KRAUS]

While I agree with mroberts that in some cases employees who work outside NYS are not required to be covered for NYS DBL there are some caveats in the law. In Article 9, Section 201 C. of the Workers’ Compensation Law the definition of employment with regard to employees covered says the following:

The term “employment” includes an employee’s entire service performed both within and without the state provided it is not localized in any state but some of the service is performed in the state, and

(1) the employee’s base of operation is within this state; or

(2) if there is no base of operations in any state in which some part of the service is performed, the place from which such service is directed or controlled is in this state; or

(3) if the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, and the employee’s residence is in this state.

I’m not sure just how this is interpreted, but it is in the law.