Bill Text: NY A02760 | 2023-2024 | General Assembly | Introduced
Bill Title: Allows employees that refuse a coronavirus vaccine to be eligible for unemployment insurance.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced) 2024-01-03 - referred to labor [A02760 Detail]
Download: New_York-2023-A02760-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2760 2023-2024 Regular Sessions IN ASSEMBLY January 27, 2023 ___________ Introduced by M. of A. GANDOLFO, SMULLEN, BYRNES, J. A. GIGLIO, DeSTEFA- NO, DURSO, ANGELINO, GALLAHAN, BRABENEC -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to allowing employees that refuse a coronavirus vaccine to be eligible for unemployment insurance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 591 of the labor law, as amended 2 by chapter 413 of the laws of 2003, is amended to read as follows: 3 1. Unemployment. Benefits, except as provided in section five hundred 4 ninety-one-a of this title, shall be paid only to a claimant who is 5 totally unemployed and who is unable to engage in his usual employment, 6 including unemployment due to such employee's choice not to receive a 7 coronavirus vaccine, or in any other for which he is reasonably fitted 8 by training and experience. A claimant who is receiving benefits under 9 this article shall not be denied such benefits pursuant to this subdivi- 10 sion or to subdivision two of this section because of such claimant's 11 service on a grand or petit jury of any state or of the United States. 12 § 2. Subdivision 1 of section 591 of the labor law, as amended by 13 section 4 of chapter 305 of the laws of 2021, is amended to read as 14 follows: 15 1. Unemployment. Benefits, except as provided in section five hundred 16 ninety-one-a of this title, shall be paid only to a claimant who is 17 totally unemployed or partially unemployed, including unemployment due 18 to such employee's choice not to receive a coronavirus vaccine. A 19 claimant who is receiving benefits under this article shall not be 20 denied such benefits pursuant to this subdivision or to subdivision two 21 of this section because of such claimant's service on a grand or petit 22 jury of any state or of the United States. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01287-01-3A. 2760 2 1 § 3. Subdivision 1 of section 591 of the labor law, as amended by 2 section 5 of chapter 305 of the laws of 2021, is amended to read as 3 follows: 4 1. Unemployment. Benefits shall be paid only to a claimant who is 5 totally unemployed or partially unemployed, including unemployment due 6 to such employee's choice not to receive a coronavirus vaccine. A 7 claimant who is receiving benefits under this article shall not be 8 denied such benefits pursuant to this subdivision or to subdivision two 9 of this section because of such claimant's service on a grand or petit 10 jury of any state or of the United States. 11 § 4. Paragraph (a) of subdivision 1 of section 593 of the labor law, 12 as amended by section 15 of part O of chapter 57 of the laws of 2013, is 13 amended to read as follows: 14 (a) No days of total unemployment shall be deemed to occur after a 15 claimant's voluntary separation without good cause from employment until 16 he or she has subsequently worked in employment and earned remuneration 17 at least equal to ten times his or her weekly benefit rate. In addition 18 to other circumstances that may be found to constitute good cause, 19 including a compelling family reason as set forth in paragraph (b) of 20 this subdivision, or choosing not to receive a coronavirus vaccine as 21 set forth in paragraph (d) of this subdivision, voluntary separation 22 from employment shall not in itself disqualify a claimant if circum- 23 stances have developed in the course of such employment that would have 24 justified the claimant in refusing such employment in the first instance 25 under the terms of subdivision two of this section or if the claimant, 26 pursuant to an option provided under a collective bargaining agreement 27 or written employer plan which permits waiver of his or her right to 28 retain the employment when there is a temporary layoff because of lack 29 of work, has elected to be separated for a temporary period and the 30 employer has consented thereto. 31 § 5. Paragraph (a) of subdivision 1 of section 593 of the labor law, 32 as amended by chapter 277 of the laws of 2021, is amended to read as 33 follows: 34 (a) No weeks of total unemployment or partial unemployment shall be 35 deemed to occur after a claimant's voluntary separation without good 36 cause from employment until he or she has subsequently worked in employ- 37 ment and earned remuneration at least equal to ten times his or her 38 weekly benefit rate. In addition to other circumstances that may be 39 found to constitute good cause, including a compelling family reason as 40 set forth in paragraph (b) of this subdivision, or choosing not to 41 receive a coronavirus vaccine as set forth in paragraph (d) of this 42 subdivision, voluntary separation from employment shall not in itself 43 disqualify a claimant if circumstances have developed in the course of 44 such employment that would have justified the claimant in refusing such 45 employment in the first instance under the terms of subdivision two of 46 this section or if the claimant, pursuant to an option provided under a 47 collective bargaining agreement or written employer plan which permits 48 waiver of his or her right to retain the employment when there is a 49 temporary layoff because of lack of work, has elected to be separated 50 for a temporary period and the employer has consented thereto. 51 § 6. Subdivision 1 of section 593 of the labor law is amended by 52 adding a new paragraph (d) to read as follows: 53 (d) A claimant shall not be disqualified from receiving benefits for 54 separation from employment due to choosing not to receive a coronavirus 55 vaccine, which shall include, but not be limited to, choosing not to 56 receive a mandatory coronavirus vaccination pursuant to (i) an order,A. 2760 3 1 executive order, directive, regulation, policy or other similar measure 2 mandated by the department of health that healthcare employees be vacci- 3 nated by September twenty-seventh, two thousand twenty-one; or (ii) any 4 policy issued by an employer to its employees that mandates the employee 5 receive the coronavirus vaccine by a date certain or be terminated. 6 § 7. This act shall take effect immediately; provided, however, that 7 section two of this act shall take effect on the same date and in the 8 same manner as chapter 277 of the laws of 2021 takes effect; provided, 9 further, that the amendments to subdivision 1 of section 591 of the 10 labor law made by sections one and two of this act shall be subject to 11 the expiration and reversion of such subdivision pursuant to section 10 12 of chapter 413 of the laws of 2003, as amended, when upon such date the 13 provisions of section three of this act shall take effect; provided, 14 further, that section five of this act shall take effect on the same 15 date and in the same manner as chapter 277 of the laws of 2021 takes 16 effect.