S T A T E   O F   N E W   Y O R K
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                                  3128

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced   by  M.  of  A.  TITONE,  GOTTFRIED,  ABBATE,  STECK,  RAIA,
  BROOK-KRASNY, HOOPER, PERRY, SALADINO -- Multi-Sponsored by --  M.  of
  A.  CAHILL,  CAMARA, COOK, PEOPLES-STOKES, SIMANOWITZ -- read once and
  referred to the Committee on Labor

AN ACT to amend the labor law, in relation to  establishing  the  "unem-
  ployment insurance for domestic violence survivors act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "unemployment insurance for domestic violence survivors act".
  S  2. Article 18 of the labor law is amended by adding a new title 7-B
to read as follows:
                                 TITLE 7-B
         UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS

SECTION 615. DEFINITIONS.
        616. ELIGIBILITY  FOR  UNEMPLOYMENT   INSURANCE   FOR   DOMESTIC
               VIOLENCE SURVIVORS.
        617. TRAINING PROGRAM.
  S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
  1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
EMPLOYEE'S DEPENDENT CHILD BY:
  (A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
  (B)  A  PERSON  WITH  WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN
COMMON; OR
  (C) A PERSON WHO IS COHABITATING WITH, OR HAS  COHABITATED  WITH,  THE
EMPLOYEE; OR
  (D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
  (E)  A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT
RELATIONSHIP.
  2. "ABUSE" MEANS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03771-01-5
              

A. 3128                             2

  (A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
  (B)  PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM;
OR
  (C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
  (D) ENGAGING IN MENTAL ABUSE, WHICH  INCLUDES  THREATS,  INTIMIDATION,
STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
  (E)  DEPRIVING  ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD OR OTHER
NECESSITIES OF LIFE; OR
  (F) RESTRAINING THE LIBERTY OF ANOTHER.
  S 616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE  FOR  DOMESTIC  VIOLENCE
SURVIVORS.  1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING UNEM-
PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
TION OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS  DUE
TO DOMESTIC VIOLENCE, INCLUDING:
  (A)  THE  CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE AT OR
EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
  (B) THE CLAIMANT'S NEED TO RELOCATE  TO  ANOTHER  GEOGRAPHIC  AREA  IN
ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
  (C)  THE  CLAIMANT'S  NEED  TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND
LEGAL IMPACTS OF DOMESTIC VIOLENCE.
  (D) THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF  RECEIV-
ING  SERVICES  OR SHELTER FROM AN AGENCY WHICH PROVIDES SUPPORT SERVICES
OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
  (E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
TO REASONABLY BELIEVE THAT TERMINATION OF EMPLOYMENT  IS  NECESSARY  FOR
THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
  2.  A  CLAIMANT  MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY
PROVIDING ONE OF THE FOLLOWING:
  (A) A RESTRAINING ORDER OR OTHER  DOCUMENTATION  OF  EQUITABLE  RELIEF
ISSUED BY A COURT OF COMPETENT JURISDICTION;
  (B) A POLICE RECORD DOCUMENTING THE ABUSE;
  (C)  DOCUMENTATION  THAT  THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE
CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
  (D) MEDICAL DOCUMENTATION OF THE ABUSE;
  (E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR  OTHER  PROFES-
SIONAL  WHO  HAS  ASSISTED THE CLAIMANT IN ADDRESSING THE EFFECTS OF THE
ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
  (F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
  3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
ING THE  CLAIMANT'S  STATEMENT  AND  CORROBORATING  EVIDENCE,  SHALL  BE
DISCLOSED  BY  THE  DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY
THE CLAIMANT.
  4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
TO PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S  NEED
TO  ADDRESS  THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS OF THE
DOMESTIC VIOLENCE.
  S 617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A  TRAIN-
ING  CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIM-
ANTS APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC  VIOLENCE
STATUS.
  2.  ALL  SENIOR  MANAGEMENT PERSONNEL OF THE DEPARTMENT THAT SUPERVISE
THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
BE TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE  EFFEC-
TIVE  DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING PLAN

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FOR EMPLOYEES OF THE  DEPARTMENT  WHO  INTERACT  WITH  CLAIMANTS  TO  BE
TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
MENT  SEPARATIONS  STEMMING FROM DOMESTIC VIOLENCE ARE RELIABLY SCREENED
AND  ADJUDICATED,  AND  SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO
TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
MENT.
  S 3. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.