NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1189
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the labor law, in relation to allowing a claimant who
voluntarily separates from employment during the COVID-19 emergency to
receive unemployment benefits
PURPOSE:
To change the definition of voluntary separation during the COVID-19
emergency, so that a claimant who voluntarily separates from employment
due to fear of exposure to COVID-19 shall be eligible to receive unem-
ployment benefits.
SUMMARY OF PROVISIONS:
Section 1 amends Section 593 of the Labor Law to provide that during the
COVID-19 declared emergency, a claimant shall not be disqualified from
receiving unemployment benefits due to voluntary separation from employ-
ment due to the fear of exposure to COVID-19 while on the job.
Section 2 is the effective date which is immediately.
JUSTIFICATION:
Normally, if an employee quits or "voluntarily separates" from their
job, that person is not eligible to collect unemployment insurance bene-
fits. This means that an employee must be laid off from work in order to
collect unemployment. benefits. But these are not normal times. No one
should be forced to go to work during our current state of emergency if
doing so puts their health and even their lives at risk. As long as
workers fear that they may contact COVID-19 at their place of employ-
ment, they should have the option of quitting their job and collecting
unemployment benefits.
This bill gives workers that option. It does not distinguish between
types of employment or the age or other circumstances of the worker.
This bill provides that during the current state of emergency, anyone
who is fearful of contacting COVID-19 at work can quit their job and
collect unemployment benefits.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A10507 - Referred to Assembly Labor Committee
S8462 - Referred to Senate Labor Committee
2021-2022: A2336 - Referred to Assembly Labor Committee
S1601 - Referred to Senate Labor Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1189
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. JACOBSON, SIMON, SEAWRIGHT, GALLAGHER, JACKSON,
MEEKS -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to allowing a claimant who
voluntarily separates from employment during the COVID-19 emergency to
receive unemployment benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 593 of the labor law is amended by adding a new
2 subdivision 1-a to read as follows:
3 1-a. Voluntary separation during the COVID-19 declared emergency. A
4 claimant shall not be disqualified from receiving benefits for voluntary
5 separation from employment during the period of declared emergency under
6 Executive Order 202 of 2020, where such claimant has left employment due
7 to the fear of exposure to COVID-19 while employed at such employment.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03672-01-3
