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 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] sections
4 five hundred ninety-one-a and five hundred ninety-one-b of this title,
5 shall be paid only to a claimant who is totally unemployed and who is
6 unable to engage in his usual employment or in any other for which he is
7 reasonably fitted by training and experience. A claimant who is receiv-
8 ing benefits under this article shall not be denied such benefits pursu-
9 ant to this subdivision or to subdivision two of this section because of
10 such claimant's service on a grand or petit jury of any state or of the
11 United States.
12 § 2. Subdivision 1 of section 591 of the labor law, as amended by
13 chapter 446 of the laws of 1981, is amended to read as follows:
14 1. Unemployment. Benefits, except as provided in section five hundred
15 ninety-one-b of this title, shall be paid only to a claimant who is
16 totally unemployed and who is unable to engage in his usual employment
17 or in any other for which he is reasonably fitted by training and expe-
18 rience. A claimant who is receiving benefits under this article shall
19 not be denied such benefits pursuant to this subdivision or to subdivi-
20 sion two of this section because of such claimant's service on a grand
21 or petit jury of any state or of the United States.
22 § 3. Subdivision 2 of section 591 of the labor law, as amended by
23 chapter 413 of the laws of 2003, is amended to read as follows:
24 2. Availability and capability. Except as provided in [section]
25 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
1 title, no benefits shall be payable to any claimant who is not capable
2 of work or who is not ready, willing and able to work in his usual
3 employment or in any other for which he is reasonably fitted by training
4 and experience.
5 § 4. Subdivision 2 of section 591 of the labor law, as amended by
6 section 12 of part O of chapter 57 of the laws of 2013, is amended to
7 read as follows:
8 2. Availability, capability, and work search. [No] Except as provided
9 in section five hundred ninety-one-b of this title, no benefits shall be
10 payable to any claimant who is not capable of work or who is not ready,
11 willing and able to work in his or her usual employment or in any other
12 for which he or she is reasonably fitted by training and experience and
13 who is not actively seeking work. In order to be actively seeking work a
14 claimant must be engaged in systematic and sustained efforts to find
15 work. The commissioner shall promulgate regulations defining systematic
16 and sustained efforts to find work and setting standards for the proof
17 of work search efforts.
18 § 5. The labor law is amended by adding a new section 591-b to read as
19 follows:
20 § 591-b. Benefits for qualified federal employees. 1. Definitions.
21 For purposes of this section, the following terms shall have the follow-
22 ing meanings:
23 (a) "Qualified employee" shall mean a federal employee who is a resi-
24 dent of this state and is either (i) required to work for the federal
25 government without compensation as a result of a covered lapse in appro-
26 priations, or (ii) is placed on unpaid leave from his or her position
27 with the federal government without compensation as a result of a
28 covered lapse in appropriations.
29 (b) "Covered lapse in appropriations" shall mean any lapse in appro-
30 priations by the federal government that begins on or after December
31 twenty-second, two thousand eighteen.
32 2. Eligibility for unemployment benefits. Each qualified employee
33 shall be eligible to receive unemployment benefits pursuant to this
34 article for the time period during which there was a covered lapse in
35 appropriations.
36 § 6. This act shall take effect immediately, provided that the amend-
37 ments to subdivisions 1 and 2 of section 591 of the labor law made by
38 sections one and three of this act shall be subject to the expiration
39 and reversion of such subdivisions pursuant to chapter 413 of the laws
40 of 2003, as amended, when upon such date the provisions of sections two
41 and four of this act shall take effect.