S T A T E O F N E W Y O R K
________________________________________________________________________
8335
2021-2022 Regular Sessions
I N A S S E M B L Y
October 20, 2021
___________
Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to allowing employees that
refuse a coronavirus vaccine to be eligible for unemployment insurance
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 five hundred
ninety-one-a of this title, shall be paid only to a claimant who is
totally unemployed and who is unable to engage in his usual employment,
INCLUDING UNEMPLOYMENT DUE TO SUCH EMPLOYEE'S CHOICE NOT TO RECEIVE A
CORONAVIRUS VACCINE, or in any other for which he is reasonably fitted
by training and experience. A claimant who is receiving benefits under
this article shall not be denied such benefits pursuant to this subdivi-
sion 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
section 4 of chapter 305 of the laws of 2021, is amended to read as
follows:
1. Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only to a claimant who is
totally unemployed or partially unemployed, INCLUDING UNEMPLOYMENT DUE
TO SUCH EMPLOYEE'S CHOICE NOT TO RECEIVE A CORONAVIRUS VACCINE. A
claimant who is receiving benefits under this article shall not be
denied such benefits pursuant 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.
§ 3. Subdivision 1 of section 591 of the labor law, as amended by
section 5 of chapter 305 of the laws of 2021, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13293-01-1
A. 8335 2
1. Unemployment. Benefits shall be paid only to a claimant who is
totally unemployed or partially unemployed, INCLUDING UNEMPLOYMENT DUE
TO SUCH EMPLOYEE'S CHOICE NOT TO RECEIVE A CORONAVIRUS VACCINE. A
claimant who is receiving benefits under this article shall not be
denied such benefits pursuant 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.
§ 4. Paragraph (a) of subdivision 1 of section 593 of the labor law,
as amended by section 15 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) No days of total unemployment shall be deemed to occur after a
claimant's voluntary separation without good cause from employment until
he or she has subsequently worked in employment and earned remuneration
at least equal to ten times his or her weekly benefit rate. In addition
to other circumstances that may be found to constitute good cause,
including a compelling family reason as set forth in paragraph (b) of
this subdivision, OR CHOOSING NOT TO RECEIVE A CORONAVIRUS VACCINE AS
SET FORTH IN PARAGRAPH (D) OF THIS SUBDIVISION, voluntary separation
from employment shall not in itself disqualify a claimant if circum-
stances 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 or her 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.
§ 5. Paragraph (a) of subdivision 1 of section 593 of the labor law,
as amended by chapter 277 of the laws of 2021, is amended to read as
follows:
(a) No weeks of total unemployment or partial unemployment shall be
deemed to occur after a claimant's voluntary separation without good
cause from employment until he or she has subsequently worked in employ-
ment and earned remuneration at least equal to ten times his or her
weekly benefit rate. In addition to other circumstances that may be
found to constitute good cause, including a compelling family reason as
set forth in paragraph (b) of this subdivision, OR CHOOSING NOT TO
RECEIVE A CORONAVIRUS VACCINE AS SET FORTH IN PARAGRAPH (D) OF THIS
SUBDIVISION, voluntary separation from employment shall not in itself
disqualify a claimant 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 or her 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.
§ 6. Subdivision 1 of section 593 of the labor law is amended by
adding a new paragraph (d) to read as follows:
(D) A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING BENEFITS FOR
SEPARATION FROM EMPLOYMENT DUE TO CHOOSING NOT TO RECEIVE A CORONAVIRUS
VACCINE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CHOOSING NOT TO
RECEIVE A MANDATORY CORONAVIRUS VACCINATION PURSUANT TO (I) AN ORDER,
EXECUTIVE ORDER, DIRECTIVE, REGULATION, POLICY OR OTHER SIMILAR MEASURE
MANDATED BY THE DEPARTMENT OF HEALTH THAT HEALTHCARE EMPLOYEES BE VACCI-
NATED BY SEPTEMBER TWENTY-SEVENTH, TWO THOUSAND TWENTY-ONE; OR (II) ANY
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POLICY ISSUED BY AN EMPLOYER TO ITS EMPLOYEES THAT MANDATES THE EMPLOYEE
RECEIVE THE CORONAVIRUS VACCINE BY A DATE CERTAIN OR BE TERMINATED.
§ 7. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the same date and in the
same manner as chapter 277 of the laws of 2021 takes effect; provided,
further, that the amendments to subdivision 1 of section 591 of the
labor law made by sections one and two of this act shall be subject to
the expiration and reversion of such subdivision pursuant to section 10
of chapter 413 of the laws of 2003, as amended, when upon such date the
provisions of section three of this act shall take effect; provided,
further, that section five of this act shall take effect on the same
date and in the same manner as chapter 277 of the laws of 2021 takes
effect.