What's happening
This bill allows workers to receive unemployment benefits if they leave or refuse work due to unsafe COVID-19 conditions.
Why it matters
Provides unemployment benefits to workers who leave or refuse work due to unsafe COVID-19 conditions. , recognizing their reasonable belief that the workplace is not following required safety protocols or guidance from government agencies.
Expands protections to at-risk individuals and their households. , specifically considering age (65+), underlying health conditions, or living with someone vulnerable, acknowledging the broader impact of unsafe work environments during a pandemic.
Shifts the burden for workplace safety compliance onto employers. , as employees can now decline unsafe work without losing unemployment eligibility, incentivizing businesses to adhere strictly to COVID-19 safety measures to retain their workforce.
Sets a temporary but urgent legal standard. by making these provisions effective immediately and automatically repealed after one year, addressing the acute phase of the COVID-19 emergency while allowing for future legislative review.
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Expand Unemployment for Unsafe Work
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 8246a
- 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 Assembly Committee · Labor · Sponsor Michael DenDekker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8246--A
IN SENATE
April 27, 2020
Introduced by Sens. GOUNARDES, BIAGGI, GAUGHRAN, HOYLMAN, KENNEDY, LIU, MAY, MAYER, METZGER, RIVERA -- read twice and ordered printed, and when printed to be committed 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16179-03-0
S. 8246--A 2
exposure to COVID-19 of workers or consumers, including but not limited to improper adherence to or lack of protocols or policies regarding 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
The purpose of this bill is to expand the meaning of valid voluntary separation from employment during the COVID-19 pandemic to protect work- ers from unsafe work conditions.
Summary of provisions
This bill would ensure that claimants are not disqualified from receiving unemployment insurance benefits on the basis of voluntary separation from employment due to reasonable belief that his or her working conditions are unsafe as a result of the employer's failure to maintain a work environment that is safe for workers and consumers from potential exposure to or infection from COVID-19.
The New York State Department of Labor would be able to review factors such as the claimant's age, health risks, or whether the claimant lives with a family member with any age and/or health risks which puts such individual at a higher risk for severe illness with COVID-19.
Difference between original and amended version (if applicable)
The amended version would expand qualifications for unemployment insur- ance on the basis of voluntary separation from employment due to reason- able belief that his or her working conditions are unsafe.
Justification
The designation of businesses such as grocery stores, pharmacies, deliv- ery services and other "essential" services are providing a literal lifeline to millions of New Yorkers. That also means that thousands of employees are working in jobs that have taken on a heightened level of danger to themselves and their families that they never could have imag- ined upon entering the field. Existing labor law designates a number of instances that qualify for a "valid voluntary separation" from unemploy- ment by which a former-employee can still be eligible for unemployment benefits, including harassment, discrimination or changes in job func- tion or an employee's health that put an employee at unnecessary risk. This bill clarifies that during the COVID-19 state of emergency, employ- ees who risk exposure to or infection from COVID-19 due to unsafe work conditions are justified in voluntarily separating from their employer and collecting unemployment insurance benefits.
No one should be confronted with the choice between taking home a paycheck and potentially losing their own life or the life of a loved one. This bill will ensure that New York State's unemployment benefits eliminate that choice for frontline workers. It will also open those workers up to the weekly benefits provided by the federal CARES Act, providing much needed economic relief until such time as the pandemic ends.
Prior legislative history
New bill.
Fiscal implications for state and local governments
To be determined.
Effective date
This act would take effect immediately and would expire and be deemed repealed one year after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.