S T A T E   O F   N E W   Y O R K
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                                   7035
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2017
                                ___________
 
 Introduced  by  M. of A. TITONE, GOTTFRIED, ABBATE, STECK, RAIA, HOOPER,
   PERRY -- Multi-Sponsored by -- M. of A. CAHILL, COOK,  PEOPLES-STOKES,
   SIMANOWITZ -- read once and referred to the Committee on Labor
 
 AN  ACT  to  amend the labor law, in relation to establishing the "unem-
   ployment insurance for domestic violence survivors act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "unemployment insurance for domestic violence survivors act".
   § 2. Article 18 of the labor law is amended by adding a new title  7-B
 to read as follows:
                                  TITLE 7-B
          UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
 
 SECTION 615. DEFINITIONS.
         616. ELIGIBILITY   FOR   UNEMPLOYMENT   INSURANCE  FOR  DOMESTIC
                VIOLENCE SURVIVORS.
         617. TRAINING PROGRAM.
   § 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
   1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
 EMPLOYEE'S DEPENDENT CHILD BY:
   (A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
   (B) A PERSON WITH WHOM THE EMPLOYEE SHARES PARENTAGE  OF  A  CHILD  IN
 COMMON; OR
   (C)  A  PERSON  WHO IS COHABITATING WITH, OR HAS COHABITATED WITH, THE
 EMPLOYEE; OR
   (D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
   (E) A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR  ENGAGEMENT
 RELATIONSHIP.
   2. "ABUSE" MEANS:
   (A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09196-01-7

 A. 7035                             2
 
   (B)  PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM;
 OR
   (C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
 BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
   (D)  ENGAGING  IN  MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION,
 STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
   (E) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD  OR  OTHER
 NECESSITIES OF LIFE; OR
   (F) RESTRAINING THE LIBERTY OF ANOTHER.
   §  616.  ELIGIBILITY  FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE
 SURVIVORS. 1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING  UNEM-
 PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
 TION  OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE
 TO DOMESTIC VIOLENCE, INCLUDING:
   (A) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE  AT  OR
 EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
   (B)  THE  CLAIMANT'S  NEED  TO  RELOCATE TO ANOTHER GEOGRAPHIC AREA IN
 ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
   (C) THE CLAIMANT'S NEED TO ADDRESS  THE  PHYSICAL,  PSYCHOLOGICAL  AND
 LEGAL IMPACTS OF DOMESTIC VIOLENCE.
   (D)  THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF RECEIV-
 ING SERVICES OR SHELTER FROM AN AGENCY WHICH PROVIDES  SUPPORT  SERVICES
 OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
   (E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
 TO  REASONABLY  BELIEVE  THAT TERMINATION OF EMPLOYMENT IS NECESSARY FOR
 THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
   2. A CLAIMANT MAY DEMONSTRATE THE EXISTENCE OF  DOMESTIC  VIOLENCE  BY
 PROVIDING ONE OF THE FOLLOWING:
   (A)  A  RESTRAINING  ORDER  OR OTHER DOCUMENTATION OF EQUITABLE RELIEF
 ISSUED BY A COURT OF COMPETENT JURISDICTION;
   (B) A POLICE RECORD DOCUMENTING THE ABUSE;
   (C) DOCUMENTATION THAT THE ABUSER HAS BEEN CONVICTED OF  ONE  OR  MORE
 CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
   (D) MEDICAL DOCUMENTATION OF THE ABUSE;
   (E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
 MEMBER  OF  THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR OTHER PROFES-
 SIONAL WHO HAS ASSISTED THE CLAIMANT IN ADDRESSING THE  EFFECTS  OF  THE
 ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
   (F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
   3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
 ING  THE  CLAIMANT'S  STATEMENT  AND  CORROBORATING  EVIDENCE,  SHALL BE
 DISCLOSED BY THE DEPARTMENT UNLESS CONSENT FOR DISCLOSURE  IS  GIVEN  BY
 THE CLAIMANT.
   4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
 TO  PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S NEED
 TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS  OF  THE
 DOMESTIC VIOLENCE.
   §  617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAIN-
 ING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH  CLAIM-
 ANTS  APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC VIOLENCE
 STATUS.
   2. ALL SENIOR MANAGEMENT PERSONNEL OF THE  DEPARTMENT  THAT  SUPERVISE
 THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
 BE  TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE EFFEC-
 TIVE DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING  PLAN
 FOR  EMPLOYEES  OF  THE  DEPARTMENT  WHO  INTERACT  WITH CLAIMANTS TO BE

 A. 7035                             3
 
 TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
 MENT SEPARATIONS STEMMING FROM DOMESTIC VIOLENCE ARE  RELIABLY  SCREENED
 AND  ADJUDICATED,  AND  SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO
 TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
 MENT.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.