New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter H - Disability Benefits
Article 2 - Rules Under Disability Benefits Law
Part 380 - Paid Family Leave
Subpart 380-5 - Payment and Denials
Section 380-5.5 - Uninsured employers

(a) In the event that an employee makes a claim for paid family leave upon an uninsured employer and is entitled to such benefits, the special fund for disability benefits shall make payment of the benefits to the employee.

(b) The special fund for disability benefits will attempt to seek reimbursement from the uninsured employer of any benefit payments made on behalf of the uninsured employer. If the special fund for disability benefits seeks reimbursement of such payments from the uninsured employer, the employer cannot seek contributions from its employees to pay the required reimbursement.

(c) Whenever a claim for disability benefits or paid family leave is the responsibility of the special fund for disability benefits pursuant to section 213 of the Workers' Compensation Law, the chair or the chair's designee may take any action necessary to defend the assets and interests of the special fund for disability benefits (as outlined in section 214 of the Workers' Compensation Law). These actions include, but are not limited to, making an investigation or inquiry, commencing or participating in any arbitration action and participating in a hearing.