NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2760
SPONSOR: Gandolfo (MS) TITLE OF BILL:
An act to amend the labor law, in relation to allowing employees that
refuse a coronavirus vaccine to be eligible for unemployment insurance
PURPOSE:
To permit individuals terminated from their employment due to their
choice not to receive the coronavirus vaccine eligible to receive unem-
ployment insurance benefits.
SUMMARY OF PROVISIONS:
Sections 1, 2 and 3 amend section 591(1) of the labor law by adding an
employees choice not to receive the coronavirus vaccine to be as an
eligible reason to receive unemployment insurance benefits.
Sections 4 and 5 amend section 593(1)(a) of the labor law by providing
that choosing not to receive the coronavirus does not disqualify an
employee from receiving unemployment insurance benefits.
Section 6 adds a new paragraph (d) to section 593(1) of the labor law by
providing that a claimant shall not be disqualified for unemployment
insurance benefits for choosing not to receive a mandatory coronavirus
vaccine
JUSTIFICATION:
The State of New York recently required that certain employees, includ-
ing all employees at healthcare facilities, receive the coronavirus
vaccine by a date certain or be terminated from their jobs. Unlike most
other areas of the workforce, these employees do not have the option of
receiving regular COVID testing in lieu of receiving the coronavirus
vaccine. These individuals have to choose between making a personal
healthcare decision and their career. Thousands of New Yorkers-most of
whom were bravely on the front line of the pandemic for months on end
caring for the sick and vulnerable-are now out of a job because of a
mandate by New York State. This legislation would permit employees who
have lost their job solely to their choice in not receiving the corona-
virus vaccine and who are not eligible to receive regular COVID testing
instead, to be eligible for unemployment insurance.
LEGISLATIVE HISTORY:
A.8335 of 2021/22- referred to labor
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
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.
LBD01287-01-3
A. 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.
