Senate Bill S3644

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3644
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 unemployment benefits  for
   qualified federal employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 591 of the labor law,  as  amended
 by chapter 413 of the laws of 2003, is amended to read as follows:
   1.  Unemployment.  Benefits,  except as provided in [section] SECTIONS
 five hundred ninety-one-a AND FIVE HUNDRED NINETY-ONE-B of  this  title,
 shall  be  paid  only to a claimant who is totally unemployed and who is
 unable to engage in his usual employment or in any other for which he is
 reasonably fitted by training and experience. A claimant who is  receiv-
 ing benefits under this article shall not be denied such benefits pursu-
 ant to this subdivision or to subdivision two of this section because of
 such  claimant's service on a grand or petit jury of any state or of the
 United States.
   § 2. Subdivision 1 of section 591 of the  labor  law,  as  amended  by
 chapter 446 of the laws of 1981, is amended to read as follows:
   1.  Unemployment. Benefits, EXCEPT AS PROVIDED IN SECTION FIVE HUNDRED
 NINETY-ONE-B OF THIS TITLE, shall be paid only  to  a  claimant  who  is
 totally  unemployed  and who is unable to engage in his usual employment
 or in any other for which he is reasonably fitted by training and  expe-
 rience.  A  claimant  who is receiving benefits under this article shall
 not be denied such benefits pursuant to this subdivision or to  subdivi-
 sion  two  of this section because of such claimant's service on a grand
 or petit jury of any state or of the United States.
   § 3. Subdivision 2 of section 591 of the  labor  law,  as  amended  by
 chapter 413 of the laws of 2003, is amended to read as follows:
   2.  Availability  and  capability.  Except  as  provided  in [section]
 SECTIONS five hundred ninety-one-a AND FIVE HUNDRED NINETY-ONE-B of this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09770-01-9

 S. 3644                             2
 
 title, no benefits shall be payable to any claimant who is  not  capable
 of  work  or  who  is  not  ready, willing and able to work in his usual
 employment or in any other for which he is reasonably fitted by training
 and experience.
   §  4.  Subdivision  2  of  section 591 of the labor law, as amended by
 section 12 of part O of chapter 57 of the laws of 2013,  is  amended  to
 read as follows:
   2. Availability, capability, and work search.  [No] EXCEPT AS PROVIDED
 IN SECTION FIVE HUNDRED NINETY-ONE-B OF THIS TITLE, NO benefits shall be
 payable  to any claimant who is not capable of work or who is not ready,
 willing and able to work in his or her usual employment or in any  other
 for  which he or she is reasonably fitted by training and experience and
 who is not actively seeking work. In order to be actively seeking work a
 claimant must be engaged in systematic and  sustained  efforts  to  find
 work.  The commissioner shall promulgate regulations defining systematic
 and sustained efforts to find work and setting standards for  the  proof
 of work search efforts.
   § 5. The labor law is amended by adding a new section 591-b to read as
 follows:
   §  591-B.  BENEFITS  FOR QUALIFIED FEDERAL EMPLOYEES. 1.  DEFINITIONS.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "QUALIFIED EMPLOYEE" SHALL MEAN A FEDERAL EMPLOYEE WHO IS A  RESI-
 DENT  OF  THIS  STATE AND IS EITHER (I) REQUIRED TO WORK FOR THE FEDERAL
 GOVERNMENT WITHOUT COMPENSATION AS A RESULT OF A COVERED LAPSE IN APPRO-
 PRIATIONS, OR (II) IS PLACED ON UNPAID LEAVE FROM HIS  OR  HER  POSITION
 WITH  THE  FEDERAL  GOVERNMENT  WITHOUT  COMPENSATION  AS  A RESULT OF A
 COVERED LAPSE IN APPROPRIATIONS.
   (B) "COVERED LAPSE IN APPROPRIATIONS" SHALL MEAN ANY LAPSE  IN  APPRO-
 PRIATIONS  BY  THE  FEDERAL  GOVERNMENT THAT BEGINS ON OR AFTER DECEMBER
 TWENTY-SECOND, TWO THOUSAND EIGHTEEN.
   2. ELIGIBILITY FOR  UNEMPLOYMENT  BENEFITS.  EACH  QUALIFIED  EMPLOYEE
 SHALL  BE  ELIGIBLE  TO  RECEIVE  UNEMPLOYMENT BENEFITS PURSUANT TO THIS
 ARTICLE FOR THE TIME PERIOD DURING WHICH THERE WAS A  COVERED  LAPSE  IN
 APPROPRIATIONS.
   §  6. This act shall take effect immediately, provided that the amend-
 ments to subdivisions 1 and 2 of section 591 of the labor  law  made  by
 sections  one  and  three of this act shall be subject to the expiration
 and reversion of such subdivisions pursuant to chapter 413 of  the  laws
 of  2003, as amended, when upon such date the provisions of sections two
 and four of this act shall take effect.