THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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, TURZAI AND HESS, JUNE 29, 2011

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 13, 2012   

AN ACT

Amending the act of December 5, 1936 (2nd Sp.Sess., 1937

P.L.2897, No.1), entitled "An act establishing a system of

unemployment compensation to be administered by the

Department of Labor and Industry and its existing and newly

created agencies with personnel (with certain exceptions)

selected on a civil service basis; requiring employers to

keep records and make reports, and certain employers to pay

contributions based on payrolls to provide moneys for the

payment of compensation to certain unemployed persons;

providing procedure and administrative details for the

determination, payment and collection of such contributions

and the payment of such compensation; providing for

cooperation with the Federal Government and its agencies;

creating certain special funds in the custody of the State

Treasurer; and prescribing penalties," further providing for

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definitions, for relief from charges and for ineligibility

for compensation; and providing for applicability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 402(b) and (e) of the act of December 5,

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1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the

Unemployment Compensation Law, amended August 24, 1953

(P.L.1397, No.396) and October 22, 1981 (P.L.301, No.106), are

amended to read:

Section 1.  Section 4 of the act of December 5, 1936 (2nd Sp.

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Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law, is amended by adding definitions to read:

Section 4.  Definitions.--The following words and phrases, as

used in this act, shall have the following meanings, unless the

context clearly requires otherwise.

* * *

(z.8)  "Abuse" means one or more of the following:

(1)  Attempting to cause or causing physical harm.

(2)  Placing another in fear of imminent serious physical

harm.

(3)  Causing another to engage involuntarily in sexual

relations by force, threat or duress or engaging or threatening

to engage in sexual activity with a dependent child.

(4)  Engaging in mental abuse, which includes threats,

intimidation or acts designed to induce terror.

(5)  Depriving another of medical care, housing, food or

other necessities of life.

(6)  Restraining the liberty of another.

(z.9)  "Domestic violence" means abuse committed against a

claimant by:

(1)  a current or former spouse of the claimant;

(2)  an individual with whom the claimant shares a child in

common;

(3)  an individual who is cohabiting with or has cohabited

with the claimant;

(4)  an individual who is related by blood or marriage to the

claimant; or

(5)  an individual with whom the claimant has or had a dating

or engagement relationship.

Section 1.1.  Section 302.1(a)(1) and (c)(1) of the act,

added June 17, 2011 (P.L.16, No.6), are amended to read:

Section 302.1.  Relief from Charges.--Notwithstanding any

other provisions of this act assigning charges for compensation

paid to employes, the department shall relieve an employer of

charges for compensation in accordance with this section and

section 213 of this act.

(a)  Circumstances allowing relief:

(1)  If an individual was separated from his most recent work

for an employer due to being discharged for willful misconduct

connected with that work, or due to his leaving that work

without good cause attributable to his employment, or due to his

being separated from such work under conditions which would

result in disqualification for benefits under the provisions of

section 3 or 402(e.1) and (e.2) of this act, the employer shall

be relieved of charges for compensation paid to the individual

with respect to any week of unemployment occurring subsequent to

such separation. Relief from charges under this paragraph

terminates if the employe returns to work for the employer.

* * *

(c)  Relief from charges without a request:

(1)  If a claimant is determined ineligible for benefits

under section 3 or 402(b), (e) [or], (e.1) or (e.2) of this act

pursuant to a notice of determination that has become final, the

department shall grant relief from charges in accordance with

subsection (a)(1) to the employer from whom the claimant was

separated, beginning with the earliest week for which the

claimant is eligible for benefits following the week or weeks

governed by the notice of determination.

* * *

Section 2.  Section 402(b) of the act, amended August 24,

1953 (P.L.1397, No.396) and October 22, 1981 (P.L.301, No.106),

is amended and the section is amended by adding a subsection to

read:

Section 402.  Ineligibility for Compensation.--An employe

shall be ineligible for compensation for any week--

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(b)  In which his unemployment is due to voluntarily leaving

work without cause of a necessitous and compelling nature

attributable to his employment, irrespective of whether or not

such work is in "employment" as defined in this act: Provided,

That a voluntary leaving work because of a work-related 

disability if the employer is able to provide other suitable

work, shall be deemed not a cause of a necessitous and

compelling nature attributable to his employment: And provided

further, That no employe shall be deemed to be ineligible under

this subsection where the Federal Unemployment Tax Act requires

eligibility, and provided that no employe shall be deemed

ineligible under this subsection if the employe is a spouse of a

full-time member of the United States Armed Forces or a full-

time member of any of its reserve components, including the

Pennsylvania National Guard, and the employe is leaving

employment due to the reassignment of the military member to a

different geographical location: And provided further, That no

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employe shall be deemed to be ineligible under this section for

voluntarily leaving work if the individual reasonably believes

that due to a domestic violence situation such individual's

continued employment would jeopardize the safety of the

individual. The domestic violence situation shall be verified by

reasonable and confidential documentation as the department may

require, to include a statement supporting the existence of

recent domestic violence from a qualified professional from whom

the individual has sought assistance, such as a counselor,

shelter worker, member of the clergy, attorney or health care

worker and any type of evidence that reasonably proves domestic

violence, but the department may not require an active or

recently issued protective or other order documenting domestic

violence, or a police record documenting recent domestic

violence, although a claimant may present such documentation as

evidence: And provided further, That no employe shall be deemed

to be ineligible under this subsection where as a condition of

continuing in employment such employe would be required to join

or remain a member of a company union or to resign from or

refrain from joining any bona fide labor organization, or to

accept wages, hours or conditions of employment not desired by a

majority of the employes in the establishment or the occupation,

or would be denied the right of collective bargaining under

generally prevailing conditions, and that in determining whether

or not an employe has left his work voluntarily without cause of

a necessitous and compelling nature attributable to his

employment, the department shall give consideration to the same

factors, insofar as they are applicable, provided, with respect

to the determination of suitable work under section four (t):

And provided further, That the provisions of this subsection

shall not apply in the event of a stoppage of work which exists

because of a labor dispute within the meaning of subsection (d).

Provided further, That no otherwise eligible claimant shall be

denied benefits for any week in which his unemployment is due to

exercising the option of accepting a layoff, from an available

position pursuant to a labor-management contract agreement, or

pursuant to an established employer plan, program or policy:

Provided further, That a claimant shall not be disqualified for

voluntarily leaving work, which is not suitable employment to

enter training approved under section 236(a)(1) of the Trade Act

of 1974. For purposes of this subsection the term "suitable

employment" means with respect to a claimant, work of a

substantially equal or higher skill level than the claimant's

past "adversely affected employment" (as defined in section 247

of the Trade Act of 1974), and wages for such work at not less

than eighty per centum of the worker's "average weekly wage" (as

defined in section 247 of the Trade Act of 1974).

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(e)  In which his unemployment is due to his discharge or

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temporary suspension from work for [willful] misconduct

connected with his work, irrespective of whether or not such

work is "employment" as defined in this act[; and]. For purposes

of this subsection, the term "misconduct" shall include the

violation of any reasonable workplace rule or work-related

government regulation or law of which the employe was aware;

failure to maintain a valid license or certificate that has been

issued by a Federal or Commonwealth agency or political

subdivision and which is a requirement of employment; the

deliberate damage to property of the employer or another employe

or the theft of an employer's or another employe's property;

reporting to work in possession of or under the influence of

drugs or alcohol; threatening a coworker or supervisor with

physical harm or threatening to harm the interests of the

employer; disregard of supervisor's reasonable directives or

orders or an act of negligence which indicates substantial

disregard for employer's interests.

* * *

Section 2.  The amendment of section 402(b) and (e) of the

act shall apply to initial claims filed on or after January 1,

2012.

Section 3.  This act shall take effect in 60 days.

(e.2)  In which his unemployment is due to discharge or 

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temporary suspension from work for any of the following reasons:

(1)  Disregard of any reasonable workplace rule or work-

related government regulation or law of which the employe was

aware.

(2)  The deliberate damage to property of the employer or

another employe or the theft of an employer's or another

employe's property.

(3)  Reporting to work under the influence of alcohol or

illegal drugs.

(4)  Threatening a coworker or supervisor with physical harm

or threatening to harm the interests of the employer.

(5)  Disregard of a supervisor's reasonable directives or

orders or acts of negligence which indicate substantial

disregard for the employer's interests.

(6)  Failure to maintain a valid license or certificate that

has been issued by a Federal or Commonwealth agency or political

subdivision and which is a requirement of employment, unless

such failure was for reasons beyond the control of the employe.

* * *

Section 3.  The amendment of section 402(b) of the act shall

apply to initial claims filed on or after July 1, 2012.

Section 4.  This act shall take effect immediately.