What's happening
This bill prevents employers' unemployment insurance accounts from being charged when an employee is replaced due to a workers' compensation reinstatement.
Why it matters
Protects employers from higher unemployment insurance costs. when they are required to let an employee go solely because another worker is reinstated after a workers’ compensation claim, reducing financial penalties for compliance with reinstatement laws.
Shifts the burden of unemployment benefits in these cases to the state's general account. , rather than charging the specific employer’s experience rating—helping keep that employer’s future unemployment insurance rates lower.
Encourages employers to comply with workers’ compensation reinstatement orders. without fear that doing so will negatively impact their unemployment insurance rates, potentially supporting job security for returning injured workers.
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Who cares
Headline styles
Protect Employers from Leave Layoffs
Plain English, a few words. Used as the page title.
Sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1312
- Referred to labor
- Returned to senate
- Died in assembly
- Referred to labor
- Delivered to assembly
- Passed senateVote 51–9
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.150
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Employers from Leave Costs
In Assembly Committee · Labor · Sponsor Patricia Fahy
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
905
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sens. AMEDORE, MURPHY -- 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 the calculation of the experience rating charge of certain employers for purposes of contributions to the state unemployment insurance fund
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (e) of subdivision 1 of section 581 of the labor law is amended by adding a new subparagraph 7 to read as follows:
(7) An employer's account shall not be charged, and the charges shall instead be made to the general account, for benefits paid to a claimant whose employment was terminated as a result of the reinstatement of an employee pursuant to section two hundred three-b of the workers' compensation law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03833-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to the calculation of the experience rating charge of certain employers for purposes of contributions to the state unemployment insurance fund
Purpose
This legislation provides that an employer's unemployment experience rating account shall not be charged for a claimant whose employment ends as the result of the return of an employee after family leave.
Summary of provisions
Section 1: Adds a new subparagraph 7 to paragraph (e) of subdivision 1 of section 581 of the law labor law.
Section 2: Sets the effective date as immediately.
Justification
This legislation seeks to protect business owners from being penalized when an employee is released as a result of the reinstatement of a different employee who is returning from paid family leave.
Legislative history
2016: S7599 - Passed Senate.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.