What's happening
This bill allows New York resident federal employees to receive unemployment benefits during federal government shutdowns that began on or after December 22, 2018.
Why it matters
Provides financial protection to federal employees living in New York who are required to work without pay or are furloughed during federal government shutdowns. helping them maintain stability during periods when their income is disrupted.
Applies retroactively to shutdowns starting from December 22, 2018. , meaning eligible federal workers from past shutdowns could access benefits they previously missed, creating a potential safety net for recent historical events.
Overrides typical unemployment requirements like “actively seeking work” for qualified federal employees affected by shutdowns. , acknowledging that these workers are temporarily out of pay, not out of work, and thus shouldn’t be penalized by standard eligibility rules.
May reduce the financial and emotional strain on New York communities during federal shutdowns. by ensuring that a significant segment of the workforce continues to have some economic support, which can also help maintain local economic activity.
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Who cares
Headline styles
Expand Unemployment for Furloughed Workers
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3644
2019-2020 Regular Sessions
IN SENATE
February 11, 2019
Introduced by Sen. PARKER -- 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 unemployment benefits for qualified federal employees
The People of the State of New York, represented in Senate and Assembly, 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] sections five hundred ninety-one-a and five hundred ninety-one-b of this title, shall be paid only to a claimant who is totally unemployed and who is unable to engage in his usual employment 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 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.
§ 2. Subdivision 1 of section 591 of the labor law, as amended by chapter 446 of the laws of 1981, is amended to read as follows:
1. Unemployment. Benefits, except as provided in section five hundred ninety-one-b of this title, shall be paid only to a claimant who is totally unemployed and who is unable to engage in his usual employment 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 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.
§ 3. Subdivision 2 of section 591 of the labor law, as amended by chapter 413 of the laws of 2003, is amended to read as follows:
2. Availability and capability. Except as provided in [section] sections five hundred ninety-one-a and five hundred ninety-one-b of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09770-01-9
S. 3644 2
title, no benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his usual employment or in any other for which he is reasonably fitted by training and experience.
§ 4. Subdivision 2 of section 591 of the labor law, as amended by section 12 of part O of chapter 57 of the laws of 2013, is amended to read as follows:
2. Availability, capability, and work search. [No] Except as provided in section five hundred ninety-one-b of this title, no benefits shall be payable to any claimant who is not capable of work or who is not ready, willing and able to work in his or her usual employment or in any other for which he or she is reasonably fitted by training and experience and who is not actively seeking work. In order to be actively seeking work a claimant must be engaged in systematic and sustained efforts to find work. The commissioner shall promulgate regulations defining systematic and sustained efforts to find work and setting standards for the proof of work search efforts.
§ 5. The labor law is amended by adding a new section 591-b to read as follows:
§ 591-b. Benefits for qualified federal employees. 1. Definitions. For purposes of this section, the following terms shall have the following meanings:
(a) "Qualified employee" shall mean a federal employee who is a resident of this state and is either (i) required to work for the federal government without compensation as a result of a covered lapse in appropriations, or (ii) is placed on unpaid leave from his or her position with the federal government without compensation as a result of a covered lapse in appropriations.
(b) "Covered lapse in appropriations" shall mean any lapse in appropriations by the federal government that begins on or after December twenty-second, two thousand eighteen.
2. Eligibility for unemployment benefits. Each qualified employee shall be eligible to receive unemployment benefits pursuant to this article for the time period during which there was a covered lapse in appropriations.
§ 6. This act shall take effect immediately, provided that the amendments to subdivisions 1 and 2 of section 591 of the labor law made by sections one and three of this act shall be subject to the expiration and reversion of such subdivisions pursuant to chapter 413 of the laws of 2003, as amended, when upon such date the provisions of sections two and four of this act shall take effect.
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 unem- ployment benefits for qualified federal employees
Purpose or general idea of bill
This legislation expands eligibility for unemployment benefits to furloughed federal employees.
Summary of specific provisions
591-b is amended as follows:
Benefits for qualified federal employees. Definition of "qualified employee" is amended to mean a federal employee who is a resident of this state and is either required to work for the federal government without compensation as a result of a covered lapse in appropriations, or is placed on unpaid leave from his or her position with the federal government without compensation as a result of a covered lapse in appro- priations.
"Covered lapse in appropriations" shall mean any lapse in appropriations by the federal government that begins on or after December twenty-sec- ond, two thousand eighteen. Eligibility for unemployment benefits. Each qualified employee shall be eligible to receive unemployment benefits pursuant to this article for the time period during which there was a covered lapse in appropriations.
Justification
The Federal Government shutdown of 2019 is an unprecedented loss of income for the many federal government workers in New York State. Ensuring all furloughed workers are eligible for unemployment insurance is important to ensure families continue to make ends meet during the current and future Federal Government furloughs. While Federal employees who were told to stay home are considered eligible for UI benefits, it is unclear if 'designated non-pay' employees are covered because they still show up for work. This legislation ensures that all furloughed workers are eligible for UI benefits in NYS.
Prior legislation
New bill.
Fiscal implications
Undetermined.
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.