Bill Text: PA HB1754 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Further providing for definitions, for relief from charges and for ineligibility for compensation; and providing for applicability.

Spectrum: Partisan Bill (Republican 46-0)

Status: (Introduced - Dead) 2012-05-02 - Laid on the table [HB1754 Detail]

Download: Pennsylvania-2011-HB1754-Introduced.html

  

 

    

PRINTER'S NO.  2248

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1754

Session of

2011

  

  

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

  

  

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 29, 2011  

  

  

  

AN ACT

  

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

 


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

- 2 -

 


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

- 3 -

 


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.

- 4 -

 


feedback