assembly Bill A10400A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2020 print number 10400a
May 25, 2020 amend (t) and recommit to labor
May 04, 2020 referred to labor

Co-Sponsors

A10400 - Details

See Senate Version of this Bill:
S8246
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §593, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S1071

A10400 - 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.

A10400 - Bill Text download pdf


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

                                  10400

                          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

AN  ACT  to  amend the labor law, in relation to permitting unemployment
  benefits in the case of voluntary separation  from  employment  during
  the COVID-19 emergency

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

  Section 1. Section 593 of the labor law is amended  by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  VOLUNTARY  SEPARATION  DURING THE COVID-19 DECLARED EMERGENCY. A
CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING BENEFITS FOR VOLUNTARY
SEPARATION FROM EMPLOYMENT DURING THE PERIOD OF DECLARED EMERGENCY UNDER
EXECUTIVE ORDER 202, WHERE SUCH CLAIMANT; (A) IS SIXTY-FIVE YEARS OF AGE
OR OLDER; (B) HAS AN UNDERLYING HEALTH CONDITION THAT PUTS SUCH EMPLOYEE
ESPECIALLY AT-RISK FOR SEVERE ILLNESS FROM COVID-19, INCLUDING, BUT  NOT
LIMITED TO CHRONIC PULMONARY, LUNG, LIVER OR KIDNEY DISEASE; OR (C) 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  SUCH EMPLOYMENT WOULD RESULT IN
POTENTIAL EXPOSURE TO COVID-19.
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16179-01-0

Co-Sponsors

A10400A (ACTIVE) - Details

See Senate Version of this Bill:
S8246
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §593, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S1071

A10400A (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.

A10400A (ACTIVE) - Bill Text download pdf


                    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