Relates to voluntary separations from work for compelling family reasons and to extended benefits; includes additional criteria for providing benefits in the case of voluntary separation; and provides extended benefits for certain periods.
STATE OF NEW YORK
________________________________________________________________________
4110--A
2009-2010 Regular Sessions
IN SENATE
April 13, 2009
___________
Introduced by Sens. ONORATO, KRUEGER -- (at request of the Governor) --
read twice and ordered printed, and when printed to be committed to
the Committee on Labor -- reported favorably from said committee and
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the labor law, in relation to unemployment insurance
benefits and part-time work, voluntary separations from employment,
and on/off indicators for extended unemployment insurance benefits;
and in relation to extended benefits
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, as amended
2 by chapter 415 of the laws of 1983, paragraph (a) as amended by chapter
3 268 of the laws of 1999, and paragraph (b) as amended by chapter 589 of
4 the laws of 1998, is amended to read as follows:
5 1. Voluntary separation; separation for a compelling family reason.
6 (a) No days of total unemployment shall be deemed to occur after a
7 claimant's voluntary separation without good cause from employment until
8 he or she has subsequently worked in employment and earned remuneration
9 at least equal to five times his or her weekly benefit rate. In addition
10 to other circumstances that may be found to constitute good cause,
11 including a compelling family reason as set forth in paragraph (b) of
12 this subdivision, voluntary separation from employment shall not in
13 itself disqualify a claimant if circumstances have developed in the
14 course of such employment that would have justified the claimant in
15 refusing such employment in the first instance under the terms of subdi-
16 vision two of this section or if the claimant, pursuant to an option
17 provided under a collective bargaining agreement or written employer
18 plan which permits waiver of his right to retain the employment when
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12032-05-9
S. 4110--A 2
1 there is a temporary layoff because of lack of work, has elected to be
2 separated for a temporary period and the employer has consented thereto.
3 (b) A [voluntary separation may also be deemed for good cause if it
4 occurred as a consequence of circumstances directly resulting from the
5 claimant being a victim of domestic violence] claimant shall not be
6 disqualified from receiving benefits for separation from employment due
7 to any compelling family reason. For purposes of this paragraph, the
8 term "compelling family reason" shall include, but not be limited to,
9 separations related to any of the following:
10 (i) domestic violence, verified by reasonable and confidential
11 documentation which causes the individual reasonably to believe that
12 such individual's continued employment would jeopardize his or her safe-
13 ty or the safety of any member of his or her immediate family.
14 (ii) the illness or disability of a member of the individual's immedi-
15 ate family. For the purposes of this subparagraph:
16 (A) The term "illness" means a verified illness which necessitates the
17 care of the ill person for a period of time longer than the employer is
18 willing to grant leave (paid or otherwise).
19 (B) The term "disability" means a verified disability which necessi-
20 tates the care of the disabled person for a period of time longer than
21 the employer is willing to grant leave (paid or otherwise). "Disabili-
22 ty" encompasses all types of disability, including: (1) mental and phys-
23 ical disability; (2) permanent and temporary disabilities; and (3)
24 partial and total disabilities.
25 (iii) the need for the individual to accompany such individual's
26 spouse (A) to a place from which it is impractical for such individual
27 to commute and (B) due to a change in location of the spouse's employ-
28 ment.
29 [(b)] (c) A disqualification as provided in this subdivision shall
30 also apply after a claimant's voluntary separation from employment if
31 such voluntary separation was due to claimant's marriage.
32 § 2. Paragraph (d) of subdivision 2 of section 593 of the labor law,
33 as amended by chapter 282 of the laws of 2002, is amended to read as
34 follows:
35 (d) the wages or compensation or hours or conditions offered are
36 substantially less favorable to the claimant than those prevailing for
37 similar work in the locality, or are such as tend to depress wages or
38 working conditions; or
39 (e) the claimant is seeking part-time work as provided in subdivision
40 five of section five hundred ninety-six of this title and the offer of
41 employment is not comparable to his or her part-time work as defined in
42 such subdivision.
43 § 3. Subdivision 5 of section 596 of the labor law, as added by chap-
44 ter 705 of the laws of 1944 and as renumbered by section 148-a of part B
45 of chapter 436 of the laws of 1997, is amended to read as follows:
46 5. [Short-time worker. A] Part time work. Notwithstanding any other
47 provisions of this article, a claimant who for reasons personal to
48 himself or herself is unable or unwilling to work [usual] full time and
49 who customarily [works] worked less than the full time prevailing in his
50 or her place of employment [shall register, when unemployed, as a short-
51 time worker in such manner as the commissioner shall prescribe. The time
52 which such claimant normally works in any calendar week shall be deemed
53 his week of full-time employment] for a majority of the weeks worked
54 during the applicable base period, shall not be denied unemployment
55 insurance solely because the claimant is only seeking part time work.
56 For purposes of this subdivision, "seeking part time work" shall mean
S. 4110--A 3
1 the claimant is willing to work for a number of hours per week that are
2 comparable to the claimant's part time work during the majority of time
3 in the base period.
4 § 4. Section 601 of the labor law, as added by chapter 2 of the laws
5 of 1971, paragraphs (a) and (b) of subdivision 1, paragraph (e) of
6 subdivision 2, and subdivisions 3 and 6 as amended and paragraph (f) of
7 subdivision 2 as added by chapter 554 of the laws of 1982, clause (i) of
8 subparagraph 1 of paragraph (a) of subdivision 1 as amended by section 3
9 of chapter 554 of the laws of 1982, paragraphs (c) and (d) of subdivi-
10 sion 2 as amended by chapter 1035 of the laws of 1981, subdivision 4 as
11 amended by chapter 589 of the laws of 1998, subdivision 5 as amended by
12 chapter 1034 of the laws of 1981 and paragraph (f) of subdivision 5 as
13 added by chapter 341 of the laws of 1993, is amended to read as follows:
14 § 601. Extended benefits. 1. Definitions. For the purposes of this
15 section:
16 (a) (1) There shall be a "state 'on' indicator" for a week if, as
17 determined by the commissioner in accordance with the regulations of the
18 secretary of labor of the United States, the rate of insured unemploy-
19 ment for the period consisting of such week and the preceding twelve
20 weeks [equals or exceeds]
21 (i) equaled or exceeded five [percentum] per centum and
22 (ii) equaled or exceeded one hundred and twenty [percentum] per centum
23 of the average of such rates for the corresponding thirteen-week periods
24 ending in each of the preceding two calendar years; or
25 (iii) for weeks of unemployment beginning on or after February first,
26 two thousand nine until the week ending three weeks prior to the last
27 week for which one hundred percent federal sharing is authorized by
28 section 2005(a) of Public Law 111-5, or for weeks of unemployment ending
29 three weeks prior to the last week for which Congress, pursuant to any
30 future amendment of the Federal State Extended Compensation Act of 1970,
31 has authorized one hundred percent federal sharing, which meet the
32 following:
33 (A) the average rate of total unemployment (seasonably adjusted), as
34 determined by the United States secretary of labor, for the period
35 consisting of the most recent three months for which data for all states
36 are published before the close of such week equals or exceeds six and
37 one-half percent, and
38 (B) the average rate of total unemployment in the state (seasonably
39 adjusted), as determined by the United States secretary of labor, for
40 the three-month period referred to in item (A) of this clause, equals or
41 exceeds one hundred ten percent of the average for either or both of the
42 corresponding three-month periods ending in the two preceding calendar
43 years; or
44 (iv) for any period of high unemployment which shall otherwise meet
45 all of the provisions of clause (iii) of this subparagraph, except that
46 "eight percent" is substituted for "six and one-half percent" in item
47 (A) of clause (iii) of this subparagraph.
48 (2) There shall be a "state 'off' indicator" for a week [if, as deter-
49 mined by the commissioner in accordance with the regulations of the
50 secretary of labor of the United States, for the period consisting of
51 such week and the preceding twelve weeks either of the conditions set
52 forth under (i) or (ii) of subparagraph (1) is not met] only, if for the
53 period consisting of such week and the immediately preceding twelve
54 weeks, none of the options specified in subparagraph one of this para-
55 graph result in an "on" indicator. Notwithstanding any provision of
56 this article, there shall be a "state 'off' indicator" with respect to
S. 4110--A 4
1 clauses (iii) and (iv) of subparagraph one of this paragraph for the
2 week ending three weeks prior to the last week for which one hundred
3 percent federal sharing is authorized by section 2005(a) of Public Law
4 111-5 or for the week ending three weeks prior to the last week for
5 which Congress, pursuant to any future amendment of the Federal State
6 Extended Compensation Act of 1970, has authorized one hundred percent
7 federal sharing.
8 (3) "Rate of insured unemployment" means for the purposes of this
9 paragraph the percentage obtained upon dividing the average weekly
10 number of persons filing claims for regular benefits in this state for
11 unemployment with respect to the most recent thirteen consecutive week
12 period, as determined by the commissioner on the basis of his or her
13 reports to the secretary of labor of the United States, by the average
14 monthly employment subject to this article for the first four of the
15 last six calendar quarters ending before the end of such period. Compu-
16 tations required hereunder shall be made in accordance with regulations
17 prescribed by the secretary of labor of the United States.
18 (4) "Rate of total unemployment" means, for the purposes of this para-
19 graph, the average percentage obtained by dividing the total number of
20 unemployed residents of the state for the most recent three consecutive
21 months, as determined by the United States Bureau of Labor Statistics,
22 by the total civilian labor force of the state for the same three-month
23 period, also as determined by the United States Bureau of Labor Statis-
24 tics. Computations required hereunder shall be made in accordance with
25 regulations prescribed by the secretary of labor of the United States.
26 (b) "Extended benefit period" means a period
27 (1) beginning with the third week after the first week for which there
28 is a state "on" indicator, except that it may not begin before the four-
29 teenth week after the end of a prior extended benefit period, and
30 (2) ending with the third week after the first week for which there is
31 a state "off" indicator, except that the duration of such period shall
32 in no event be less than thirteen weeks.
33 [(d)] (c) "Eligibility period" of a claimant means the period consist-
34 ing of the weeks in his or her benefit year which begin in an extended
35 benefit period and, if his or her benefit year ends within such extended
36 benefit period, any weeks thereafter which begin in such period.
37 Notwithstanding any provision of this article, a claimant's eligibility
38 period shall include any alternative eligibility period provided for in
39 section 2005(b) of Public Law 111-5 or other federal law.
40 [(e)] (d) "Extended benefits" means benefits, including benefits paya-
41 ble to federal civilian employees and to ex-servicemen pursuant to 5
42 U.S.C. chapter 85, payable to a claimant under the provisions of this
43 section for unemployment in his or her eligibility period.
44 [(f)] (e) "Regular benefits" means benefits payable to a claimant
45 under this article or under any other State unemployment insurance law,
46 including benefits payable to federal civilian employees and to ex-ser-
47 vicemen pursuant to 5 U.S.C. chapter 85, other than extended benefits.
48 2. Eligibility conditions. Extended benefits shall be payable to a
49 claimant for effective days occurring in any week within an eligibility
50 period, provided the claimant
51 (a) has exhausted his or her rights to regular benefits under this
52 article in his or her current benefit year or, his or her benefit year
53 having expired prior to such week, he or she does not have the required
54 weeks of employment or earnings to establish a new benefit year, and he
55 or she has no rights to benefits under the unemployment insurance law of
56 any other state;
S. 4110--A 5
1 (b) has no rights to unemployment benefits or allowances under the
2 railroad unemployment insurance act, the trade expansion act of nineteen
3 hundred sixty-two, the automotive products trade act of nineteen hundred
4 sixty-five, or such other federal laws as are specified in regulations
5 issued by the secretary of labor of the United States;
6 (c) has not received and is not seeking unemployment benefits under
7 the unemployment compensation law of the Virgin Islands or of Canada
8 unless, if he or she is seeking such benefits, the appropriate agency
9 finally determines that he or she is not entitled to benefits under such
10 law;
11 (d) has satisfied the conditions of this article, required to render a
12 claimant eligible for regular benefits, which are applicable to extended
13 benefits, including not being subject to a disqualification or suspen-
14 sion; [and]
15 (e) is not claiming benefits pursuant to an interstate claim filed
16 under the interstate benefit payment plan in a state where an extended
17 benefit period is not in effect, except that this condition shall not
18 apply with respect to the first eight effective days for which extended
19 benefits shall otherwise be payable pursuant to an interstate claim
20 filed under the interstate benefit payment plan; and
21 (f) in his or her base period has [twenty weeks of full time employ-
22 ment subject to this article or] remuneration [which equals or exceeds
23 forty times his most recent benefit rate] of one and one-half times the
24 high calendar quarter earnings in accordance with section five hundred
25 twenty-seven of this article.
26 3. Extended benefit amounts; rate and duration. Extended benefits
27 shall be paid to a claimant
28 (a) at a rate equal to his or her rate for regular benefits during his
29 or her applicable benefit year but
30 (b) for not more than fifty-two effective days with respect to his or
31 her applicable benefit year, with a total maximum amount equal to fifty
32 percentum of the total maximum amount of regular benefits payable in
33 such benefit year, and
34 (c) if a claimant's benefit year ends within an extended benefit peri-
35 od, the remaining balance of extended benefits to which he or she would
36 be entitled, if any, shall be reduced by the number of effective days
37 for which he or she was entitled to receive trade readjustment allow-
38 ances under the federal trade act of nineteen hundred seventy-four
39 during such benefit year, and
40 (d) for periods of high unemployment for not more than eighty effec-
41 tive days with respect to the applicable benefit year with a total maxi-
42 mum amount equal to eighty percent of the total maximum amount of regu-
43 lar benefits payable in such benefit year.
44 4. Charging of extended benefits. The provisions of paragraph (e) of
45 subdivision one of section five hundred eighty-one of this article shall
46 apply to benefits paid pursuant to the provisions of this section, and
47 if they were paid for effective days occurring in weeks following the
48 end of a benefit year, they shall be deemed paid with respect to that
49 benefit year. However, except for governmental entities as defined in
50 section five hundred sixty-five and Indian tribes as defined in section
51 five hundred sixty-six of this article, only one-half of the amount of
52 such benefits shall be debited to the employers' account; the remainder
53 thereof shall be debited to the general account, and such account shall
54 be credited with the amount of payments received in the fund pursuant to
55 the provisions of the federal-state extended unemployment compensation
56 act. Notwithstanding the foregoing, where the state has entered an
S. 4110--A 6
1 extended benefit period triggered pursuant to subparagraph one of para-
2 graph (a) of subdivision one of this section for which federal law
3 provides for one hundred percent federal sharing of the costs of bene-
4 fits, all charges shall be debited to the general account and such
5 account shall be credited with the amount of payments received in the
6 fund pursuant to the provisions of the federal-state extended unemploy-
7 ment compensation act or other federal law providing for one hundred
8 percent federal sharing for the cost of such benefits.
9 5. Applicability of other provisions. (a) Unless inconsistent with the
10 provisions of this section, all provisions of this article shall apply
11 to [entended] extended benefits in the same manner as they apply to
12 regular benefits.
13 (b) No days of total unemployment shall be deemed to occur in any week
14 within an eligibility period during which a claimant fails to accept any
15 offer of suitable work or fails to apply for suitable work to which he
16 or she was referred by the commissioner, who shall make such referral if
17 such work is available, or during which he or she fails to engage
18 actively in seeking work by making a systematic and sustained effort to
19 obtain work and providing tangible evidence of such effort, and until he
20 or she has worked in employment during at least four subsequent weeks
21 and earned remuneration of at least four times his or her benefit rate.
22 (c) For purposes of this subdivision, "suitable work" means any
23 employment which is within the claimant's capabilities, but if he or she
24 furnishes evidence that his or her prospects for obtaining work in his
25 or her customary occupation within a reasonably short period are good,
26 the provisions of subdivision two of section five hundred ninety-three
27 of this article shall apply instead of the provisions hereof.
28 (d) Notwithstanding the foregoing, a claimant shall not be disquali-
29 fied for a failure to accept an offer of or apply for suitable work if
30 (i) the gross average weekly remuneration payable for the employment
31 does not exceed the claimant's benefit rate plus the amount of any
32 supplemental unemployment compensation benefits (as defined in section
33 five hundred one (c) (17) (D) of the internal revenue code of nineteen
34 hundred fifty-four) payable to the claimant for such week; or
35 (ii) the employment was not offered to the claimant in writing and was
36 not listed with the department; or
37 (iii) such failure would not result in denial of regular benefits, to
38 the extent that the provisions of this article for payment of regular
39 benefits are not inconsistent with the provisions of this subdivision;
40 or
41 (iv) the employment pays wages less than the higher of the minimum
42 wage provided by section six (a) (1) of the fair labor standards act of
43 nineteen hundred thirty-eight, without regard to any exemption, or the
44 minimum wage provided under this chapter; or
45 (v) the claimant is in approved training pursuant to section five
46 hundred ninety-nine of this title.
47 (e) No days of total unemployment shall be deemed to occur in any week
48 within an eligibility period [with respect to a claimant who was
49 disqualified for twelve months for an act constituting a felony as
50 provided in subdivision four of] under section five hundred ninety-three
51 of this article, until he or she has subsequently worked in employment
52 [on not less than three days in each of four weeks or earned remunera-
53 tion of at least two hundred dollars, whether during or subsequent to
54 the twelve month period] in accordance with the requirements set forth
55 in section five hundred ninety-three of this article.
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1 [(f) The provisions of paragraphs (b), (c), (d) and (e) of subdivision
2 five of this section shall not apply to weeks of unemployment beginning
3 after March sixth, nineteen hundred ninety-three and before January
4 first, nineteen hundred ninety-five.]
5 6. Suspension of condition for state indicators. The governor, by
6 executive order, upon advice by the [industrial] commissioner and the
7 commissioner of [commerce] economic development may for a period speci-
8 fied in the order suspend the applicability of the provisions of [item]
9 clause (ii) of subparagraph [(1)] one of paragraph (a) of subdivision
10 one of this section, or of the reference to such [item] subparagraph one
11 in subparagraph [(2)] two of such paragraph, or of both, if he or she
12 finds that such suspension is required in order to assure adequate
13 payment of benefits to unemployed workers in the state who are experi-
14 encing unemployment for an extended duration, provided the rate of
15 insured unemployment for the applicable period equals or exceeds six
16 [percentum] per centum and such suspension is not in conflict with the
17 provisions of the federal-state extended unemployment compensation act.
18 The governor may at any time prolong or shorten the period specified in
19 such order.
20 § 5. This act shall take effect immediately.
