Bill Text: NY S00782 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides that payment for the use of vacation, holiday, personal or sick days shall not affect eligibility for unemployment benefits.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S00782 Detail]

Download: New_York-2021-S00782-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           782

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  GOUNARDES,  BIAGGI, BROOKS, GAUGHRAN, LIU -- 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 eligibility for unemploy-
          ment insurance during a state of emergency

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (a) of subdivision 3 of section 591 of the labor
     2  law, as amended by chapter 794 of the laws of 1963, is amended and a new
     3  paragraph (e) is added to read as follows:
     4    (a) [No] Except as provided in paragraph (e) of this  subdivision,  no
     5  benefits  shall be payable to a claimant for any day during a paid vaca-
     6  tion period, or for a paid holiday, nor shall any such day be considered
     7  a day of total unemployment under section  five  hundred  twenty-two  of
     8  this article.
     9    (e) The use of or payment for vacation, including holidays, sick days,
    10  and  personal  days  pursuant to an agreement by a claimant or by claim-
    11  ant's union or other representative relating to a state of emergency, as
    12  declared by the governor, shall not render a  claimant  unavailable  for
    13  employment,  affect  the determination as to days of total unemployment,
    14  or otherwise disqualify a claimant for,  delay  receipt  of,  or  reduce
    15  amounts of, unemployment benefits.
    16    §  2.  Paragraph (d) of subdivision 6 of section 591 of the labor law,
    17  as added by section 13 of part O of chapter 57 of the laws of  2013,  is
    18  amended to read as follows:
    19    (d)  Notwithstanding the foregoing, the provisions of this subdivision
    20  shall not apply during  any  weeks  in  which  the  initial  payment  of
    21  dismissal  pay  is  made  more than thirty days from the last day of the
    22  claimant's employment; nor shall  the  provisions  of  this  subdivision
    23  apply  during  any  weeks  in which the payment of dismissal pay is made

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03211-01-1

        S. 782                              2

     1  pursuant to an agreement by the claimant or by the claimant's  union  or
     2  other representative relating to a state of emergency as declared by the
     3  governor.
     4    § 3. Section 598 of the labor law, as added by chapter 475 of the laws
     5  of 2008, is amended to read as follows:
     6    §  598. Effect of payments for failure to provide notice of a facility
     7  closure. Payments to an employee under article  [twenty-five-a]  twenty-
     8  five-A  of  this  chapter  by  an employer who has failed to provide the
     9  advance notice of a facility closure required by  such  article  or  the
    10  federal  Worker  Adjustment  and  Retraining Notification Act (29 U.S.C.
    11  Sec. 1201 et seq.)  or amendments thereto; or pursuant to  an  agreement
    12  by  the claimant or claimant's union or other representative for failure
    13  to provide advance notice of facility,  department,  or  plant  closure,
    14  layoff,  schedule  change,  or  termination,  shall  not be construed as
    15  remuneration under this article. Unemployment insurance benefits may not
    16  be denied or reduced because of the receipt of payments  related  to  an
    17  employer's  violation  of  article [twenty-five-a] twenty-five-A of this
    18  chapter or the federal Worker  Adjustment  and  Retraining  Notification
    19  Act; or an agreement by the claimant or claimant's union or other repre-
    20  sentative for failure to provide advance notice of facility, department,
    21  or plant closure, layoff, schedule change, or termination.
    22    § 4. This act shall take effect immediately.
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