Assembly Bill A10127

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10127
 
                           I N  A S S E M B L Y
 
                             February 2, 2026
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to preserving  the  right  to
   unemployment  benefits  for  a  voluntary  separation due to unsafe or
   unhealthy working conditions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  200  of the labor law is amended by adding a new
 subdivision 5 to read as follows:
   5. IN THE EXERCISE OF THEIR POWERS TO PROTECT THE HEALTH AND SAFETY OF
 EMPLOYEES THE COMMISSIONER SHALL ENACT RULES AND REGULATIONS  PROTECTING
 EMPLOYEES  FROM  UNSAFE  OR UNHEALTHY WORKING CONDITIONS, INCLUDING, BUT
 NOT LIMITED TO, EXPOSURE TO PHYSICAL, CHEMICAL  OR  BIOLOGICAL  HAZARDS,
 HARASSMENT  OR  VIOLENCE,  OR OTHER DELETERIOUS CONDITIONS THAT MAKE THE
 WORK ENVIRONMENT UNREASONABLY DANGEROUS OR UNSAFE.
   § 2. The subdivision heading and paragraph (a)  of  subdivision  1  of
 section  593  of  the  labor  law, the subdivision heading as amended by
 chapter 35 of the laws of 2009 and paragraph (a) as amended  by  chapter
 277 of the laws of 2021, are amended and a new paragraph (d) is added to
 read as follows:
   Voluntary  separation[;  separation  for  a compelling family reason].
 (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] SUCH CLAIMANT  has  subsequently
 worked in employment and earned remuneration at least equal to ten times
 [his  or  her]  THEIR  weekly benefit rate. In addition to other circum-
 stances that may be found to constitute good cause, including a  compel-
 ling  family  reason  OR  UNSAFE  OR UNHEALTHY WORKING CONDITIONS as set
 forth in paragraph (b) OR (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14648-01-6
 A. 10127                            2
 
 or  written  employer  plan  which  permits waiver of [his or her] THEIR
 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.
   (D)  A  CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING BENEFITS FOR
 SEPARATION FROM EMPLOYMENT IF THE EMPLOYER HAS  CAUSED,  MAINTAINED,  OR
 REFUSED  OR  FAILED  TO  CURE  AN  UNSAFE OR UNHEALTHY WORKING CONDITION
 INCLUDING, BUT NOT LIMITED TO, EXPOSURE TO PHYSICAL, CHEMICAL OR BIOLOG-
 ICAL HAZARDS, HARASSMENT OR VIOLENCE BY THEIR EMPLOYER, OTHER  EMPLOYEES
 OR  MEMBERS OF THE PUBLIC, OR OTHER DELETERIOUS CONDITION THAT MAKES THE
 WORK ENVIRONMENT UNREASONABLY DANGEROUS OR UNSAFE FOR THE CLAIMANT.
   § 3. This act shall take effect immediately.