A04404 Summary:

BILL NOA04404
 
SAME ASNo same as
 
SPONSORGabryszak (MS)
 
COSPNSRTitone, Gottfried, Jaffee, McKevitt, Millman, Reilly, Robinson, Rosenthal, Titus
 
MLTSPNSRAbbate, Boyland, Cahill, Cusick, Galef, Giglio, Glick, Maisel, Peoples-Stokes, Perry, Raia, Spano, Towns, Weisenberg
 
Add Art 18 Title 7-B SS615 - 617, Lab L
 
Defines domestic violence and abuse for unemployment insurance purposes; and provides unemployment insurance for survivors of domestic violence.
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A04404 Actions:

BILL NOA04404
 
02/03/2011referred to labor
01/04/2012referred to labor
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A04404 Floor Votes:

There are no votes for this bill in this legislative session.
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A04404 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4404
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2011
                                       ___________
 
        Introduced  by  M. of A. GABRYSZAK, TITONE, GOTTFRIED, JAFFEE, McKEVITT,
          MILLMAN, REILLY, ROBINSON, ROSENTHAL, TITUS -- Multi-Sponsored  by  --
          M.  of  A.  ABBATE,  BOYLAND,  CAHILL,  CUSICK,  GALEF, GIGLIO, GLICK,
          MAISEL, PEOPLES-STOKES, PERRY, RAIA, SPANO, TOWNS, WEISENBERG --  read
          once and referred to the Committee on Labor
 

        AN  ACT  to  amend the labor law, in relation to establishing the "unem-
          ployment insurance for domestic violence survivors act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "unemployment insurance for domestic violence survivors act".
     3    § 2. Article 18 of the labor law is amended by adding a new title  7-B
     4  to read as follows:
     5                                   TITLE 7-B
     6           UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
 
     7  Section 615. Definitions.
     8          616. Eligibility   for   unemployment   insurance  for  domestic
     9                 violence survivors.
    10          617. Training program.

    11    § 615. Definitions. For purposes of this title:
    12    1. "Domestic violence" means abuse committed against an employee or an
    13  employee's dependent child by:
    14    (a) a current or former spouse of the employee; or
    15    (b) a person with whom the employee shares parentage  of  a  child  in
    16  common; or
    17    (c)  a  person  who is cohabitating with, or has cohabitated with, the
    18  employee; or
    19    (d) a person who is related by blood or marriage; or
    20    (e) a person with whom the employee has or had a dating or  engagement
    21  relationship.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD08637-01-1

        A. 4404                             2
 
     1    2. "Abuse" means:
     2    (a) causing, or attempting to cause, physical harm; or
     3    (b)  placing another person in fear of imminent serious physical harm;
     4  or
     5    (c) causing another person to engage involuntarily in sexual relations
     6  by force, threat or duress, or threatening to do so; or
     7    (d) engaging in mental abuse, which  includes  threats,  intimidation,
     8  stalking and acts designed to induce terror; or
     9    (e)  depriving  another person of medical care, housing, food or other
    10  necessities of life; or
    11    (f) restraining the liberty of another.

    12    § 616. Eligibility for unemployment insurance  for  domestic  violence
    13  survivors.  1. A claimant shall not be disqualified from receiving unem-
    14  ployment insurance benefits if the claimant establishes to the satisfac-
    15  tion of the commissioner that the reason the claimant left work was  due
    16  to domestic violence, including:
    17    (a)  The  claimant's reasonable fear of future domestic violence at or
    18  en route to or from the claimant's place of employment.
    19    (b) The claimant's need to relocate  to  another  geographic  area  in
    20  order to avoid future domestic violence.
    21    (c)  The  claimant's  need  to address the physical, psychological and
    22  legal impacts of domestic violence.

    23    (d) The claimant's need to leave employment as a condition of  receiv-
    24  ing  services  or shelter from an agency which provides support services
    25  or shelter to victims of domestic violence.
    26    (e) Any other situation in which domestic violence causes the claimant
    27  to reasonably believe that termination of employment  is  necessary  for
    28  the future safety of the claimant or the claimant's family.
    29    2.  A  claimant  may demonstrate the existence of domestic violence by
    30  providing one of the following:
    31    (a) a restraining order or other  documentation  of  equitable  relief
    32  issued by a court of competent jurisdiction;
    33    (b) a police record documenting the abuse;

    34    (c)  documentation  that  the abuser has been convicted of one or more
    35  criminal offenses enumerated in the penal law against the claimant;
    36    (d) medical documentation of the abuse;
    37    (e) a statement provided by a counselor, social worker, health worker,
    38  member of the clergy, shelter worker, legal advocate, or  other  profes-
    39  sional  who  has  assisted the claimant in addressing the effects of the
    40  abuse on the claimant or the claimant's family; or
    41    (f) a sworn statement from the claimant attesting to the abuse.
    42    3. No evidence of domestic violence experienced by a claimant, includ-
    43  ing the  claimant's  statement  and  corroborating  evidence,  shall  be
    44  disclosed  by  the  department unless consent for disclosure is given by

    45  the claimant.
    46    4. For a claimant who left work due to domestic violence, requirements
    47  to pursue suitable work must reasonably accommodate the claimant's  need
    48  to  address  the physical, psychological, legal and other effects of the
    49  domestic violence.
    50    § 617. Training program. 1. The commissioner shall implement a  train-
    51  ing  curriculum for employees of the department who interact with claim-
    52  ants applying for unemployment insurance due to their domestic  violence
    53  status.
    54    2.  All  senior  management personnel of the department that supervise
    55  the training of employees involved in handling unemployment claims shall
    56  be trained in this curriculum not later than sixty days from the  effec-

        A. 4404                             3
 
     1  tive  date of this title. The commissioner shall develop an ongoing plan
     2  for employees of the  department  who  interact  with  claimants  to  be
     3  trained in the nature and dynamics of domestic violence, so that employ-
     4  ment  separations  stemming from domestic violence are reliably screened
     5  and adjudicated, and so that victims of domestic violence  are  able  to
     6  take advantage of the full range of job services provided by the depart-
     7  ment.
     8    §  3.  This act shall take effect on the first of July next succeeding
     9  the date on which it shall have become a law.
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