S T A T E   O F   N E W   Y O R K
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                                  2870

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to eligibility for  unemploy-
  ment benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a  new  section  529  to
read as follows:
  S  529.  NOTICE-DISCHARGE PERIOD. A CLAIMANT'S NOTICE-DISCHARGE PERIOD
IS THAT PERIOD BETWEEN THE DATE WHICH A CLAIMANT HAS NOTIFIED HIS OR HER
EMPLOYER THAT HE OR SHE INTENDS TO BE  HIS  OR  HER  FINAL  DAY  IN  THE
EMPLOYER'S  EMPLOYMENT  AND THE DAY ON WHICH THE EMPLOYER DISCHARGES THE
EMPLOYEE FROM EMPLOYMENT.
  S 2. Subdivision 1 of section 527 of the  labor  law,  as  amended  by
chapter 413 of the laws of 2003, is amended to read as follows:
  1.  Basic  condition.  "Valid  original  claim"  is a claim filed by a
claimant who meets the following qualifications:
  (a) is able to work, and available for work;
  (b) is not subject to any disqualification or  suspension  under  this
article;  A  NOTICE-DISCHARGE  PERIOD SHALL BE DEEMED A DISQUALIFICATION
FOR THE DURATION OF THE PERIOD;
  (c) his previously established benefit year, if any, has expired;
  (d) has been paid remuneration by employers liable  for  contributions
or  for payments in lieu of contributions under this article, other than
employers from whom the claimant lost employment under conditions  which
would  be  disqualifying  pursuant  to subdivision three of section five
hundred ninety-three of this article, for employment during at least two
calendar quarters of the base period, with remuneration of one and  one-
half times the high calendar quarter earnings within the base period and
with  at  least  one  thousand  six hundred dollars of such remuneration
being paid during the high calendar quarter of such base period.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03962-01-9
              

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  For purposes of this section, the earnings in the high calendar  quar-
ter  of the base period used in determining a valid original claim shall
not exceed an amount equal to twenty-two times the maximum benefit  rate
as  set forth in subdivision five of section five hundred ninety of this
article for all individuals.
  S 3. Subdivisions 1 and 4 of section 590 of the labor law, subdivision
1  as  amended  by  chapter 645 of the laws of 1951 and subdivision 4 as
amended by chapter 457 of the laws of  1987,  are  amended  to  read  as
follows:
  1. Entitlement to benefits. A claimant shall be entitled to accumulate
effective days for the purpose of benefit rights only if he has complied
with  the  provisions of this article regarding the filing of his claim,
including the filing of a valid original claim,  registered  as  totally
unemployed,  reported  his  subsequent  employment and unemployment, and
reported for work or otherwise given notice of the  continuance  of  his
unemployment.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, EXCEPT
FOR THE CLOSING PARAGRAPH OF PARAGRAPH (A) AND PARAGRAPH (B) OF SUBDIVI-
SION  ONE OF SECTION FIVE HUNDRED NINETY-THREE OF THIS TITLE, A CLAIMANT
SHALL NOT BE ENTITLED TO ACCUMULATE EFFECTIVE DAYS FOR  THE  PURPOSE  OF
BENEFIT RIGHTS, NOR SHALL A CLAIMANT BE ENTITLED TO THE PAYMENT OF BENE-
FITS,  FOR  A  PERIOD  OF  TIME EQUAL TO THE CLAIMANT'S NOTICE-DISCHARGE
PERIOD, IF THE CLAIMANT HAS ONE.
  4. Duration. Benefits shall not be paid  for  more  than  one  hundred
[and]  four  effective  days  in any benefit year, except as provided in
section six hundred one and subdivision  two  of  section  five  hundred
ninety-nine  of this [chapter] TITLE; AND PROVIDED FURTHER THAT BENEFITS
SHALL NOT BE PAID FOR THE CLAIMANT'S  NOTICE-DISCHARGE  PERIOD,  IF  THE
CLAIMANT  HAS  ONE,  AND  THE  MAXIMUM NUMBER OF EFFECTIVE DAYS SHALL BE
REDUCED BY THE NUMBER OF DAYS IN THE NOTICE-DISCHARGE PERIOD.
  S 4. Section 591 of the labor law is amended by adding a new  subdivi-
sion 6 to read as follows:
  6.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW, EXCEPT FOR THE
CLOSING PARAGRAPH OF PARAGRAPH (A) AND PARAGRAPH (B) OF SUBDIVISION  ONE
OF SECTION FIVE HUNDRED NINETY-THREE OF THIS TITLE, NO BENEFITS SHALL BE
PAYABLE  TO A CLAIMANT FOR ANY DAY DURING A NOTICE-DISCHARGE PERIOD, NOR
SHALL ANY SUCH DAY BE CONSIDERED  A  DAY  OF  TOTAL  UNEMPLOYMENT  UNDER
SECTION FIVE HUNDRED TWENTY-TWO OF THIS ARTICLE.
  S  5.  The  opening  paragraph  of  paragraph  (a) of subdivision 1 of
section 593 of the labor law, as amended by chapter 268 of the  laws  of
1999, is amended to read as follows:
  No  days of total unemployment shall be deemed to occur after a claim-
ant's voluntary separation without good cause from employment  until  he
or  she has subsequently worked in employment and earned remuneration at
least equal to five times his or her weekly benefit rate. In addition to
other circumstances that may be found to constitute good  cause,  volun-
tary  separation from employment shall not in itself disqualify a claim-
ant if circumstances have developed in the  course  of  such  employment
that  would  have  justified the claimant in refusing such employment in
the first instance under the terms of subdivision two of this section or
if the claimant, pursuant to  an  option  provided  under  a  collective
bargaining  agreement  or  written employer plan which permits waiver of
his right to retain the employment when  there  is  a  temporary  layoff
because  of  lack  of  work, has elected to be separated for a temporary
period and the employer has consented  thereto.    ANY  NOTICE-DISCHARGE
PERIOD  SHALL BE DEEMED TO BE VOLUNTARY SEPARATION FROM EMPLOYMENT WITH-
OUT GOOD CAUSE.

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  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately  the  commissioner  of
labor  is authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement this act on its effective
date on or before such date.