NY State Senate Bill 2021-S1071

Senate Bill S1071

2021-2022 Legislative Session

Relates to permitting unemployment benefits in certain cases of voluntary separation from employment during the COVID-19 emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 06, 2021	referred to labor

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2021-S1071 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §593, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S8246

2021-S1071 (ACTIVE) - Summary

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.

2021-S1071 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1071

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to expand the meaning of valid voluntary
separation from employment during the COVID-19 pandemic to protect work-
ers from unsafe work conditions.

 
SUMMARY: OF PROVISIONS:

This bill would ensure that claimants are not disqualified from receiv-
ing unemployment insurance benefits on the basis of voluntary separation
from employment due to reasonable belief that his or her working condi-

tions are unsafe as a result of the employer's failure to maintain a
work environment that is safe for workers and consumers from potential
exposure to or infection from COVID-19.

The New York State Department of Labor would be able to review factors
such as the claimant's age, health risks, or whether the claimant lives
with a family member with any age and/or health risks which puts such
individual at a higher risk for severe illness with COVID-19.

 
JUSTIFICATION:

The designation of businesses such as grocery stores, pharmacies, deliv-
ery services and other "essential" services are providing a literal
lifeline to millions of New Yorkers. That also means that thousands of
employees are working in jobs that have taken on a heightened level of
danger to themselves and their families that they never could have imag-
ined upon entering the field. Existing labor law designates a number of
instances that qualify for a "valid voluntary separation" from unemploy-
ment by which a former employee can still be eligible for unemployment
benefits, including harassment, discrimination or changes in job func-
tion or an employee's health that put an employee at unnecessary risk.
This bill clarifies that during the COVID-19 state of emergency, employ-
ees who risk exposure to or infection from COVID-19 due to unsafe work
conditions are justified in voluntarily separating from their employer
and collecting unemployment insurance benefits.

No one should be confronted with the choice between taking home a
paycheck and potentially losing their own life or the life of a loved
one. This bill will ensure that New York State's unemployment benefits
eliminate that choice for frontline workers. It will also open those
workers up to the weekly benefits provided by the federal CARES Act,
providing much needed economic relief until such time as the pandemic
ends.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8246A - Referred to Labor

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediate

2021-S1071 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1071
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03209-01-1

 S. 1071                             2
 
 (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
 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.

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