What's happening
This bill allows members of certain recognized religious sects to apply for exemption from workers' compensation coverage for themselves and their employees who share the same beliefs.
Why it matters
Expands religious liberty in the workplace. This bill allows employers and employees from religious communities that reject insurance—including workers’ compensation—for religious reasons to formally opt out, recognizing and respecting their faith-based objections.
Potential impact on worker protections. Employees who sign these waivers will lose entitlement to all workers’ compensation benefits, meaning they cannot claim coverage for work-related injuries or illnesses, which could leave them financially vulnerable if harmed on the job.
Limits applicability to established faith groups. The exemption is only available to members of religious sects with a proven, long-standing tradition of self-support and non-participation in insurance, which may prevent abuse but also narrows who can actually use this provision.
Administrative safeguards and permanence. The process requires employees to sign waivers and affidavits, and minors need a guardian’s approval; once granted, exemptions remain in place unless the employee or their sect no longer meets the criteria, reducing the need for repeated paperwork but possibly limiting future flexibility.
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
Headline styles
Religious Exemption From Workers' Comp
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
Religious Sect Workers’ Comp Exemption
In Assembly Committee · Labor · Sponsor Andrew Goodell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1002
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sens. YOUNG, HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to providing an exemption from coverage for certain members of a recognized religious sect
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The workers' compensation law is amended by adding a new section 126 to read as follows:
§ 126. Exemption from coverage. 1. An employer who is a member of a recognized religious sect which embraces a long-standing commitment of non-involvement in the matters of established governmental practices and is conscientiously opposed to acceptance of any public or private insurance that makes payments in the event of death, disability, old age or retirement or makes payments toward the cost of or provides services for medical bills (including the benefits of any insurance system established by the Federal Social Security Act 42 U.S.C. 301 et seq.) may file an application with the department to be exempted from the provisions of this chapter to the extent his or her employees are from the same religious sect.
2. The application shall include a written waiver by the employees of all benefits under this chapter and an affidavit by such employee that he or she is a member of a recognized religious sect which embraces a long-standing commitment of non-involvement in the matters of established governmental practices and is conscientiously opposed to acceptance of the benefits of any public or private insurance.
3. Such application shall be granted if the department shall find that: (a) such employees are members of a sect or division having the established tenets or teachings referred to in subdivision one of this section; and (b) it is the practice, and has been for a substantial number of years, for members of such sect or division thereof to make
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03852-01-9
S. 1002 2
provision for their dependent members which in its judgment is reasonable in view of their general level of living.
4. When an employee is a minor, the waiver and affidavit required by subdivision one of this section may be made by the guardian of the minor.
5. An exception granted in regard to a specific employee shall be valid for all future years unless such employee or sect ceases to meet the requirements of subdivision one of this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the workers' compensation law, in relation to providing an exemption from coverage for certain members of a recognized religious sect
Purpose
Provides an exemption from workers' compensation coverage for certain members of a recognized religious sect.
Summary of provisions
The Workers' Compensation Law is amended by adding a new section 126.
Justification
Some religious groups, such as Old Order Amish, do not take advantage of the program benefits offered under current workers' compensation laws. Programs such as death survivor benefits, disability, retirement, including the cost of medical bills and health care, are not utilized because the tenets or teachings of their sect or religion do not allow for participation in such programs. This legislation would allow for the creation of a waiver form. Once signed by the employee, this waiver would allow for the employer to forgo payments on behalf of this employ- ee into the workers' compensation benefit system.
The Federal government recognizes the religious beliefs and practices of the Amish and exempts them from having to contribute to the Social Secu- rity Fund. The State of Pennsylvania also recognizes the freedom of religious practice of the Amish and enacted legislation in 1978 to allow them to be exempt from workers' compensation payments.
By their beliefs and practice, Old Order Amish do not participate in government programs, but rather take care of their own. This legislation would recognize and respect the beliefs of the Amish community by allow- ing them to be exempt from a program in which they would never partic- ipate.
Legislative history
2018: S.847-A/A.6624-A Referred to Labor 2017: S.847-A/A.6624-A Passed Senate 2015,2016: S.1989/A.2693 Passed Senate 2013,2014: S.2693/A.5657 Referred to Labor 2011,2012: S.852/A.6081 Referred to Labor 2009,2010: S.2267/A.2057 Referred to Labor 2007,2008: S.413/A.2585 Referred to Labor 2006: S.7780/A.688 Referred to Labor
Fiscal implications
This legislation would be revenue neutral. Persons applying for this exemption would not collect benefits and therefore would not pay into the fund.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.