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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLER, PERRY, AUMENT, BEAR, BLOOM, BOBACK, BOYD, CAUSER, COX, CREIGHTON, CUTLER, DELOZIER, DENLINGER, EVANKOVICH, EVERETT, GABLER, GILLEN, GILLESPIE, GINGRICH, GRELL, GROVE, HARRIS, HICKERNELL, KAMPF, KAUFFMAN, F. KELLER, M. K. KELLER, KNOWLES, LAWRENCE, MAJOR, MARSICO, METCALFE, METZGAR, MOUL, OBERLANDER, PICKETT, PYLE, RAPP, ROCK, SAYLOR, CULVER, SONNEY, SWANGER, TALLMAN AND TURZAI, JUNE 29, 2011 |
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| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 29, 2011 |
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| AN ACT |
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1 | Amending the act of December 5, 1936 (2nd Sp.Sess., 1937 |
2 | P.L.2897, No.1), entitled "An act establishing a system of |
3 | unemployment compensation to be administered by the |
4 | Department of Labor and Industry and its existing and newly |
5 | created agencies with personnel (with certain exceptions) |
6 | selected on a civil service basis; requiring employers to |
7 | keep records and make reports, and certain employers to pay |
8 | contributions based on payrolls to provide moneys for the |
9 | payment of compensation to certain unemployed persons; |
10 | providing procedure and administrative details for the |
11 | determination, payment and collection of such contributions |
12 | and the payment of such compensation; providing for |
13 | cooperation with the Federal Government and its agencies; |
14 | creating certain special funds in the custody of the State |
15 | Treasurer; and prescribing penalties," further providing for |
16 | ineligibility for compensation; and providing for |
17 | applicability. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 402(b) and (e) of the act of December 5, |
21 | 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the |
22 | Unemployment Compensation Law, amended August 24, 1953 |
23 | (P.L.1397, No.396) and October 22, 1981 (P.L.301, No.106), are |
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1 | amended to read: |
2 | Section 402. Ineligibility for Compensation.--An employe |
3 | shall be ineligible for compensation for any week-- |
4 | * * * |
5 | (b) In which his unemployment is due to voluntarily leaving |
6 | work without cause of a necessitous and compelling nature |
7 | attributable to his employment, irrespective of whether or not |
8 | such work is in "employment" as defined in this act: Provided, |
9 | That a voluntary leaving work because of a work-related |
10 | disability if the employer is able to provide other suitable |
11 | work, shall be deemed not a cause of a necessitous and |
12 | compelling nature attributable to his employment: And provided |
13 | further, That no employe shall be deemed to be ineligible under |
14 | this subsection where the Federal Unemployment Tax Act requires |
15 | eligibility, and provided that no employe shall be deemed |
16 | ineligible under this subsection if the employe is a spouse of a |
17 | full-time member of the United States Armed Forces or a full- |
18 | time member of any of its reserve components, including the |
19 | Pennsylvania National Guard, and the employe is leaving |
20 | employment due to the reassignment of the military member to a |
21 | different geographical location: And provided further, That no |
22 | employe shall be deemed to be ineligible under this subsection |
23 | where as a condition of continuing in employment such employe |
24 | would be required to join or remain a member of a company union |
25 | or to resign from or refrain from joining any bona fide labor |
26 | organization, or to accept wages, hours or conditions of |
27 | employment not desired by a majority of the employes in the |
28 | establishment or the occupation, or would be denied the right of |
29 | collective bargaining under generally prevailing conditions, and |
30 | that in determining whether or not an employe has left his work |
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1 | voluntarily without cause of a necessitous and compelling nature |
2 | attributable to his employment, the department shall give |
3 | consideration to the same factors, insofar as they are |
4 | applicable, provided, with respect to the determination of |
5 | suitable work under section four (t): And provided further, That |
6 | the provisions of this subsection shall not apply in the event |
7 | of a stoppage of work which exists because of a labor dispute |
8 | within the meaning of subsection (d). Provided further, That no |
9 | otherwise eligible claimant shall be denied benefits for any |
10 | week in which his unemployment is due to exercising the option |
11 | of accepting a layoff, from an available position pursuant to a |
12 | labor-management contract agreement, or pursuant to an |
13 | established employer plan, program or policy: Provided further, |
14 | That a claimant shall not be disqualified for voluntarily |
15 | leaving work, which is not suitable employment to enter training |
16 | approved under section 236(a)(1) of the Trade Act of 1974. For |
17 | purposes of this subsection the term "suitable employment" means |
18 | with respect to a claimant, work of a substantially equal or |
19 | higher skill level than the claimant's past "adversely affected |
20 | employment" (as defined in section 247 of the Trade Act of |
21 | 1974), and wages for such work at not less than eighty per |
22 | centum of the worker's "average weekly wage" (as defined in |
23 | section 247 of the Trade Act of 1974). |
24 | * * * |
25 | (e) In which his unemployment is due to his discharge or |
26 | temporary suspension from work for [willful] misconduct |
27 | connected with his work, irrespective of whether or not such |
28 | work is "employment" as defined in this act[; and]. For purposes |
29 | of this subsection, the term "misconduct" shall include the |
30 | violation of any reasonable workplace rule or work-related |
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1 | government regulation or law of which the employe was aware; |
2 | failure to maintain a valid license or certificate that has been |
3 | issued by a Federal or Commonwealth agency or political |
4 | subdivision and which is a requirement of employment; the |
5 | deliberate damage to property of the employer or another employe |
6 | or the theft of an employer's or another employe's property; |
7 | reporting to work in possession of or under the influence of |
8 | drugs or alcohol; threatening a coworker or supervisor with |
9 | physical harm or threatening to harm the interests of the |
10 | employer; disregard of supervisor's reasonable directives or |
11 | orders or an act of negligence which indicates substantial |
12 | disregard for employer's interests. |
13 | * * * |
14 | Section 2. The amendment of section 402(b) and (e) of the |
15 | act shall apply to initial claims filed on or after January 1, |
16 | 2012. |
17 | Section 3. This act shall take effect in 60 days. |
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