What's happening
This bill allows workers who voluntarily leave their jobs due to unsafe COVID-19 conditions to receive unemployment benefits.
Why it matters
Expands Unemployment Eligibility. The bill broadens access to unemployment benefits for workers who quit or refuse work due to what they reasonably believe are unsafe COVID-19 conditions, specifically those inconsistent with government safety guidance. This means workers are no longer forced to choose between their health and financial security.
Protects High-Risk Individuals and Families. It recognizes the unique risks for older workers, those with certain health conditions, or those living with vulnerable family members, allowing them to leave unsafe jobs without penalty. This addresses the needs of people at heightened risk for severe illness, not just the general workforce.
Establishes Clear Standards for ‘Reasonable Belief’. The law outlines specific factors (age, health conditions, household vulnerability, workplace safety protocols) the Department of Labor must consider when determining if an employee’s belief that conditions are unsafe is reasonable. This creates a more predictable and fair process for evaluating claims.
Temporary COVID-19 Response. The measure is time-limited, set to expire after one year, indicating it is an emergency response tailored to the pandemic rather than a permanent change in unemployment law. This signals a targeted approach to an unprecedented workplace health crisis.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Workers facing unsafe COVID-19 conditions
The bill would prevent unemployment disqualification for quitting, or losing a job after missing work, leaving early or refusing a task, based on a reasonable belief that conditions violate government COVID-19 safety requirements or guidance.
Older workers and workers with health risks or vulnerable family members
The Labor Department would have to consider age, underlying health conditions and risks to family members living with claimants when assessing whether their safety concerns were reasonable.
Unemployment claimants offered unsafe work
The bill would allow claimants to refuse job offers without disqualification when they reasonably believe working conditions conflict with government COVID-19 safety requirements or guidance.
New York State Department of Labor
The department would apply the temporary eligibility protections, including reviewing workplace exposure risks, social distancing and protective equipment, until the provisions expire one year after taking effect.
Headline styles
Expand Unemployment for Unsafe Work
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 10400a
- Amend (t) and recommit to labor
- 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.
Expand Unemployment for Unsafe Work
In Senate Committee · Labor · Sponsor Andrew Gounardes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10400--A
IN ASSEMBLY
May 4, 2020
Introduced by M. of A. DenDEKKER, ORTIZ -- read once and referred 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 Assembly, 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 separated 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 coronavirus 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, hemoglobin 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 exposure to COVID-19 of workers or consumers, including but not limited to improper adherence to or lack of protocols or policies regarding
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16179-04-0
A. 10400--A 2
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 claimant'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 coronavirus of 2019 shall be deemed to have voluntarily separated from employment 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 paragraph (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, policies, 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 coronavirus of 2019.
§ 3. This act shall take effect immediately and shall expire and be deemed repealed one year after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.