New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter XIV - Individual And Small Group Health Insurance
Part 362 - The Healthy New York Program And The Direct Payment Stop Loss Relief Program
Subpart 362-3 - Rules Relating To Small Employer Participation (other Than Individual Proprietors)
Section 362-3.1 - Definitions applicable to small employers (other than individual proprietors)

(a) Employee shall mean any person employed 20 or more hours weekly by a qualifying small employer.

(b) Eligible employee shall mean any employee earning $30,000 or less (adjusted annually as per section 4326[c][1][F] of the Insurance Law) in annual wages and any other person as determined by the employer based upon one or more of the following criteria: geographic situs of employment, earnings, method of compensation, hours and occupational duties.

(c) Part-time worker shall mean any person employed less than 20 hours weekly by a qualifying small employer.