S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2760
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced by M. of A. GANDOLFO, SMULLEN, BYRNES, J. A. GIGLIO, DeSTEFA-
   NO, DURSO, ANGELINO, GALLAHAN, BRABENEC -- Multi-Sponsored by -- M. of
   A. HAWLEY -- read once and referred to the Committee 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01287-01-3
 A. 2760                             2
 
              

   § 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:
   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,
 A. 2760                             3
 
 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
 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.