Bill Text: NY A08335 | 2021-2022 | General Assembly | Introduced


Bill Title: Allows employees that refuse a coronavirus vaccine to be eligible for unemployment insurance.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A08335 Detail]

Download: New_York-2021-A08335-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8335

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
          tee 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.
    23    § 3. Subdivision 1 of section 591 of the  labor  law,  as  amended  by
    24  section  5  of  chapter  305  of the laws of 2021, is amended to read as
    25  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13293-01-1

        A. 8335                             2

     1    1. Unemployment. Benefits shall be paid only  to  a  claimant  who  is
     2  totally  unemployed  or partially unemployed, including unemployment due
     3  to such employee's choice not to  receive  a  coronavirus  vaccine.    A
     4  claimant  who  is  receiving  benefits  under  this article shall not be
     5  denied  such benefits pursuant to this subdivision or to subdivision two
     6  of this section because of such claimant's service on a grand  or  petit
     7  jury of any state or of the United States.
     8    §  4.  Paragraph (a) of subdivision 1 of section 593 of the labor law,
     9  as amended by section 15 of part O of chapter 57 of the laws of 2013, is
    10  amended to read as follows:
    11    (a) No days of total unemployment shall be deemed  to  occur  after  a
    12  claimant's voluntary separation without good cause from employment until
    13  he  or she has subsequently worked in employment and earned remuneration
    14  at least equal to ten times his or her weekly benefit rate. In  addition
    15  to  other  circumstances  that  may  be  found to constitute good cause,
    16  including a compelling family reason as set forth in  paragraph  (b)  of
    17  this  subdivision,  or  choosing not to receive a coronavirus vaccine as
    18  set forth in paragraph (d) of  this  subdivision,  voluntary  separation
    19  from  employment  shall  not  in itself disqualify a claimant if circum-
    20  stances have developed in the course of such employment that would  have
    21  justified the claimant in refusing such employment in the first instance
    22  under  the  terms of subdivision two of this section or if the claimant,
    23  pursuant to an option provided under a collective  bargaining  agreement
    24  or  written  employer  plan  which permits waiver of his or her right to
    25  retain the employment when there is a temporary layoff because  of  lack
    26  of  work,  has  elected  to  be separated for a temporary period and the
    27  employer has consented thereto.
    28    § 5. Paragraph (a) of subdivision 1 of section 593 of the  labor  law,
    29  as  amended  by  chapter  277 of the laws of 2021, is amended to read as
    30  follows:
    31    (a) No weeks of total unemployment or partial  unemployment  shall  be
    32  deemed  to  occur  after  a claimant's voluntary separation without good
    33  cause from employment until he or she has subsequently worked in employ-
    34  ment and earned remuneration at least equal to  ten  times  his  or  her
    35  weekly  benefit  rate.  In  addition  to other circumstances that may be
    36  found to constitute good cause, including a compelling family reason  as
    37  set  forth  in  paragraph  (b)  of  this subdivision, or choosing not to
    38  receive a coronavirus vaccine as set forth  in  paragraph  (d)  of  this
    39  subdivision,  voluntary  separation  from employment shall not in itself
    40  disqualify a claimant if circumstances have developed in the  course  of
    41  such  employment that would have justified the claimant in refusing such
    42  employment in the first instance under the terms of subdivision  two  of
    43  this  section or if the claimant, pursuant to an option provided under a
    44  collective bargaining agreement or written employer plan  which  permits
    45  waiver  of  his  or  her  right to retain the employment when there is a
    46  temporary layoff because of lack of work, has elected  to  be  separated
    47  for a temporary period and the employer has consented thereto.
    48    §  6.  Subdivision  1  of  section  593 of the labor law is amended by
    49  adding a new paragraph (d) to read as follows:
    50    (d) A claimant shall not be disqualified from receiving  benefits  for
    51  separation  from employment due to choosing not to receive a coronavirus
    52  vaccine, which shall include, but not be limited  to,  choosing  not  to
    53  receive    a mandatory coronavirus vaccination pursuant to (i) an order,
    54  executive order, directive, regulation, policy or other similar  measure
    55  mandated by the department of health that healthcare employees be vacci-
    56  nated  by September twenty-seventh, two thousand twenty-one; or (ii) any

        A. 8335                             3

     1  policy issued by an employer to its employees that mandates the employee
     2  receive the coronavirus vaccine by a date certain or be terminated.
     3    §  7.  This act shall take effect immediately; provided, however, that
     4  section two of this act shall take effect on the same date  and  in  the
     5  same  manner as  chapter 277 of the laws of 2021 takes effect; provided,
     6  further, that the amendments to subdivision 1  of  section  591  of  the
     7  labor  law  made by sections one and two of this act shall be subject to
     8  the expiration and reversion of such subdivision pursuant to section  10
     9  of  chapter 413 of the laws of 2003, as amended, when upon such date the
    10  provisions of section three of this act  shall  take  effect;  provided,
    11  further,  that  section  five  of this act shall take effect on the same
    12  date and in the same manner as chapter 277 of the  laws  of  2021  takes
    13  effect.
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