NY State Senate Bill 2019-S8246A

Senate Bill S8246A

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

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2020	print number 8246a
May 24, 2020	amend (t) and recommit to labor
Apr 27, 2020	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S8246 - Details

See Assembly Version of this Bill:: A10400
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §593, Lab L
Versions Introduced in 2021-2022 Legislative Session:: S1071

2019-S8246 - 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.

2019-S8246 - Sponsor Memo

                                
 
BILL NUMBER: S8246

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE:

This bill expands the definition of valid voluntary separation from
employment during the covid19 emergency to protect vulnerable workers
and their families from unnecessary exposure to the virus.

 
SUMMARY OF PROVISIONS:  This bill amends article 18, section 593 of
labor law

Section 1 of the bill specifies that during the covid-19 declared state-
of-emergency any employee who meets any one of the criteria of comorbid-
ity or at-risk for extreme illness due to exposure to Covid-19 is able

to voluntarily separate from their employment in order to protect their
health and wellbeing. Any employee who lives with a person that meets
the above criteria is also eligible for unemployment insurance benefits
if they must voluntarily separate from their employer in order to
protect a person they live with from potential exposure to the virus.

Section 2 of the bill provides that the bill shall take effect imme-
diately.

 
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 employees health that put an employee at unnecessary risk.
This bill clarifies that during the covid-19 state of emergency, employ-
ees who risk severe illness or death if infected by the virus, or who
live with those who would be at risk of extreme illness or death, are
justified in voluntarily separating from their employer and collecting
uninsurance 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.

 
LEGISLATIVE HISTORY:

None.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately upon being signed into law.

2019-S8246 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8246
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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

View additional co-sponsors

2019-S8246A (ACTIVE) - Details

See Assembly Version of this Bill:: A10400
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §593, Lab L
Versions Introduced in 2021-2022 Legislative Session:: S1071

2019-S8246A (ACTIVE) - Summary

2019-S8246A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8246A

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 receiving unemployment insurance benefits on the basis
of voluntary separation from employment due to reasonable belief that
his or her working conditions 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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version would expand qualifications for unemployment insur-
ance on the basis of voluntary separation from employment due to reason-
able belief that his or her working conditions are unsafe.

 
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:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act would take effect immediately and would expire and be deemed
repealed one year after such effective date.

2019-S8246A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8246--A
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by Sens. GOUNARDES, BIAGGI, GAUGHRAN, HOYLMAN, KENNEDY, LIU,
   MAY, MAYER, METZGER, RIVERA -- read twice  and  ordered  printed,  and
   when  printed  to  be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16179-03-0

 S. 8246--A                          2
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8246A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2019-S8246 - Details

2019-S8246 - Summary

2019-S8246 - Sponsor Memo

2019-S8246 - Bill Text download pdf

co-Sponsors

2019-S8246A (ACTIVE) - Details

2019-S8246A (ACTIVE) - Summary

2019-S8246A (ACTIVE) - Sponsor Memo

2019-S8246A (ACTIVE) - Bill Text download pdf

Comments