S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10400--A
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced by M. of A. DenDEKKER, ORTIZ -- read once and referred to the
   Committee  on  Labor  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Subdivision 1 of section 593 of the labor law is amended by
 adding two new paragraphs (d) and (e) to read as follows:
   (D) (I) A CLAIMANT SHALL NOT BE DISQUALIFIED FROM  RECEIVING  BENEFITS
 FOR  SEPARATION FROM EMPLOYMENT WHERE THE CLAIMANT HAS VOLUNTARILY SEPA-
 RATED FROM EMPLOYMENT DUE TO THE REASONABLE BELIEF THAT HIS OR HER  WORK
 CONDITIONS  ARE  UNSAFE  BASED  ON THE CLAIMANT'S REASONABLE BELIEF THAT
 SUCH CONDITIONS ARE INCONSISTENT WITH LAWS, RULES, PROTOCOLS,  POLICIES,
 ORDERS,  OR GUIDANCE OF ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY
 INTENDED TO KEEP HIS OR  HER  WORK  ENVIRONMENT  SAFE  FOR  WORKERS  AND
 CONSUMERS FROM POTENTIAL EXPOSURE TO OR INFECTION FROM THE NOVEL CORONA-
 VIRUS OF 2019.
   (II)  IN  DETERMINING  WHETHER THE CLAIMANT REASONABLY BELIEVED HIS OR
 HER WORK CONDITIONS WERE UNSAFE, THE  DEPARTMENT  SHALL  REVIEW  FACTORS
 INCLUDING  BUT  NOT  LIMITED  TO  (1) WHETHER THE CLAIMANT IS SIXTY-FIVE
 YEARS OF AGE OR OLDER; (2) WHETHER THE CLAIMANT HAS AN UNDERLYING HEALTH
 CONDITION THAT PUTS SUCH CLAIMANT ESPECIALLY AT-RISK FOR SEVERE  ILLNESS
 FROM  COVID-19  INCLUDING,  BUT  NOT LIMITED TO CHRONIC PULMONARY, LUNG,
 LIVER, OR KIDNEY DISEASE, MODERATE-TO-SEVERE ASTHMA, DIABETES,  HEMOGLO-
 BIN DISORDERS, SERIOUS HEART CONDITIONS, SEVERE OBESITY, OR THE CLAIMANT
 IS  IMMUNOCOMPROMISED;  (3)  WHETHER  SUCH  CLAIMANT LIVES WITH A FAMILY
 MEMBER WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER OR WHO HAS AN  UNDERLYING
 CONDITION THAT PUTS THEM AT-RISK FOR SEVERE ILLNESS DUE TO COVID-19; AND
 (4)  WHETHER  EMPLOYMENT UNDER SUCH CONDITIONS WOULD RESULT IN POTENTIAL
 EXPOSURE TO COVID-19 OF WORKERS OR CONSUMERS, INCLUDING BUT NOT  LIMITED
 TO  IMPROPER  ADHERENCE  TO  OR  LACK OF PROTOCOLS OR POLICIES REGARDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16179-04-0

 A. 10400--A                         2

 SOCIAL DISTANCING OR WHETHER OR NOT PERSONAL  PROTECTIVE  EQUIPMENT  HAS
 BEEN OR WILL BE PROVIDED.
   (E)  A  CLAIMANT  WHO  LOSES EMPLOYMENT BECAUSE THEY DID NOT REPORT TO
 WORK OR LEFT WORK BEFORE THE END OF THEIR SCHEDULED SHIFT OR REFUSED  TO
 PERFORM  AN  ASSIGNED  TASK DUE TO THE REASONABLE BELIEF THAT THE CLAIM-
 ANT'S WORK CONDITIONS ARE UNSAFE BASED ON A REASONABLE BELIEF THAT  SUCH
 CONDITIONS  ARE  INCONSISTENT  WITH  LAWS,  RULES,  PROTOCOLS, POLICIES,
 ORDERS, OR GUIDANCE OF ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL  AGENCY
 INTENDED  TO  KEEP  HIS  OR  HER  WORK  ENVIRONMENT SAFE FOR WORKERS AND
 CONSUMERS FROM POTENTIAL EXPOSURE TO OR INFECTION FROM THE NOVEL CORONA-
 VIRUS OF 2019 SHALL BE DEEMED TO HAVE VOLUNTARILY SEPARATED FROM EMPLOY-
 MENT PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
   § 2. Paragraph (e) of subdivision 2 of section 593 of the  labor  law,
 as amended by chapter 35 of the laws of 2009, is amended and a new para-
 graph (f) is added to read as follows:
   (e)  the claimant is seeking part-time work as provided in subdivision
 five of section five hundred ninety-six of this title and the  offer  of
 employment  is not comparable to his or her part-time work as defined in
 such subdivision[.]; OR
   (F) THE OFFER IS TO WORK UNDER CONDITIONS  THAT  THE  CLAIMANT  HAS  A
 REASONABLE  BELIEF  ARE UNSAFE BASED ON THE CLAIMANT'S REASONABLE BELIEF
 THAT SUCH CONDITIONS ARE INCONSISTENT WITH LAWS, RULES, PROTOCOLS, POLI-
 CIES, ORDERS OR GUIDANCE OF ANY GOVERNMENTAL AGENCY ON SUITABLE  WORKING
 CONDITIONS  INTENDED  TO  KEEP THE WORK ENVIRONMENT SAFE FOR WORKERS AND
 CONSUMERS FROM POTENTIAL EXPOSURE TO OR INFECTION FROM THE NOVEL CORONA-
 VIRUS OF 2019.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed one year after such effective date.