S01071 Summary:

BILL NOS01071
 
SAME ASNo Same As
 
SPONSORGOUNARDES
 
COSPNSRBIAGGI, GAUGHRAN, HOYLMAN, KAMINSKY, KENNEDY, LIU, MAY, MAYER, RIVERA
 
MLTSPNSR
 
Amd §593, Lab L
 
Permits unemployment benefits in the case of voluntary separation from employment during the COVID-19 emergency for persons over age 65 or persons with health conditions which make them at risk where the claimant has a reasonable belief that their working environment is unsafe.
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S01071 Actions:

BILL NOS01071
 
01/06/2021REFERRED TO LABOR
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S01071 Committee Votes:

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S01071 Floor Votes:

There are no votes for this bill in this legislative session.
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S01071 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1071
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens.  GOUNARDES,  BIAGGI,  GAUGHRAN, HOYLMAN, KAMINSKY,
          KENNEDY, LIU, MAY, MAYER, RIVERA -- read twice  and  ordered  printed,
          and when printed to be committed to the Committee on Labor
 
        AN  ACT  to  amend the labor law, in relation to permitting unemployment
          benefits in the case of certain voluntary separation  from  employment
          during  the  COVID-19  emergency; and providing for the repeal of such
          provisions upon the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 593 of the labor law is amended by
     2  adding two new paragraphs (d) and (e) to read as follows:
     3    (d)  (i)  A claimant shall not be disqualified from receiving benefits
     4  for separation from employment where the claimant has voluntarily  sepa-
     5  rated  from employment due to the reasonable belief that his or her work
     6  conditions are unsafe based on the  claimant's  reasonable  belief  that
     7  such  conditions are inconsistent with laws, rules, protocols, policies,
     8  orders, or guidance of any federal, state, or local governmental  agency
     9  intended  to  keep  his  or  her  work  environment safe for workers and
    10  consumers from potential exposure to or infection from the novel corona-
    11  virus of 2019.
    12    (ii) In determining whether the claimant reasonably  believed  his  or
    13  her  work  conditions  were  unsafe, the department shall review factors
    14  including but not limited to (1)  whether  the  claimant  is  sixty-five
    15  years of age or older; (2) whether the claimant has an underlying health
    16  condition  that puts such claimant especially at-risk for severe illness
    17  from COVID-19 including, but not limited  to  chronic  pulmonary,  lung,
    18  liver,  or kidney disease, moderate-to-severe asthma, diabetes, hemoglo-
    19  bin disorders, serious heart conditions, severe obesity, or the claimant
    20  is immunocompromised; (3) whether such  claimant  lives  with  a  family
    21  member  who is sixty-five years of age or older or who has an underlying
    22  condition that puts them at-risk for severe illness due to COVID-19; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03209-01-1

        S. 1071                             2
 
     1  (4) whether employment under such conditions would result  in  potential
     2  exposure  to COVID-19 of workers or consumers, including but not limited
     3  to improper adherence to or lack  of  protocols  or  policies  regarding
     4  social  distancing  or  whether or not personal protective equipment has
     5  been or will be provided.
     6    (e) A claimant who loses employment because they  did  not  report  to
     7  work  or left work before the end of their scheduled shift or refused to
     8  perform an assigned task due to the reasonable belief  that  the  claim-
     9  ant's  work conditions are unsafe based on a reasonable belief that such
    10  conditions are  inconsistent  with  laws,  rules,  protocols,  policies,
    11  orders,  or guidance of any federal, state, or local governmental agency
    12  intended to keep his or  her  work  environment  safe  for  workers  and
    13  consumers from potential exposure to or infection from the novel corona-
    14  virus of 2019 shall be deemed to have voluntarily separated from employ-
    15  ment pursuant to paragraph (d) of this subdivision.
    16    §  2.  Paragraph (e) of subdivision 2 of section 593 of the labor law,
    17  as amended by chapter 35 of the laws of 2009, is amended and a new para-
    18  graph (f) is added to read as follows:
    19    (e) the claimant is seeking part-time work as provided in  subdivision
    20  five  of  section five hundred ninety-six of this title and the offer of
    21  employment is not comparable to his or her part-time work as defined  in
    22  such subdivision[.]; or
    23    (f)  the  offer  is  to  work under conditions that the claimant has a
    24  reasonable belief are unsafe based on the claimant's  reasonable  belief
    25  that such conditions are inconsistent with laws, rules, protocols, poli-
    26  cies,  orders or guidance of any governmental agency on suitable working
    27  conditions intended to keep the work environment safe  for  workers  and
    28  consumers from potential exposure to or infection from the novel corona-
    29  virus of 2019.
    30    §  3.  This  act shall take effect immediately and shall expire and be
    31  deemed repealed one year after such effective date.
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