An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, in contributions by employers and employees, further providing for relief from charges; and, in compensation, further providing for ineligibility for compensation and providing for eligibility related to domestic violence.

PRINTER'S NO. 2077
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1692
Session of
2025
INTRODUCED BY GLEIM, GROVE, BERNSTINE, PICKETT, M. JONES,
KAUFFMAN, STAATS, STAMBAUGH, REICHARD, ZIMMERMAN, GREINER,
RYNCAVAGE, ANDERSON, GAYDOS, HAMM AND BASHLINE, JULY 1, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 1, 2025
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," in contributions by
employers and employees, further providing for relief from
charges; and, in compensation, further providing for
ineligibility for compensation and providing for eligibility
related to domestic violence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 302.1(a)(1) and (c)(1) of the act of
December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as
the Unemployment Compensation Law, are amended to read:
Section 302.1. Relief from Charges.--Notwithstanding any
other provisions of this act assigning charges for compensation
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paid to employes, except for section 302(a)(2), 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 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 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
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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:
Provided further, That a claimant shall not be disqualified for
voluntarily leaving work if the claimant left such work to
accompany a spouse who is on active duty with the United States
Armed Forces and is required to relocate due to permanent change
of station orders, activation orders or unit deployment orders
and such relocation would make it impractical or unreasonably
difficult, as determined by the department, for the claimant to
continue employment with the claimant's employer. 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).
* * *
(e.2) In which his unemployment is due to discharge or
temporary suspension from work for any of the following reasons:
(1) Failure to obey 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
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employe's property.
(3) Reporting to work under the influence of alcohol or
illegal drugs or consuming alcohol or using illegal drugs while
at work.
(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 the
failure was for reasons beyond the control of the employe.
(7) Failure to provide good cause for being absent from work
on two or more occasions or failure to report in a proper manner
under the employer's policy for absences from work on two or
more occasions.
* * *
Section 3. The act is amended by adding a section to read:
Section 402.7. Eligibility Related to Domestic Violence.--
(a) An employe shall not be deemed to be ineligible under
section 402(b) for voluntarily leaving employment or section
402(e) or (e.2) for failure to attend work if, due to a domestic
violence situation, the individual's continued employment would
jeopardize the safety of the individual or a member of the
individual's family or household.
(b) Verification of a domestic violence situation may be
provided on the initial application for benefits through any one
of the following which documents recent domestic violence:
(1) An active or recently issued protective order or other
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order, court records, a police record, medical treatment
records, social services records or child protective services
records.
(2) 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, or a
similar statement from a friend or relative from whom the
individual has sought assistance.
(3) A self-affirmation that the individual's continued
employment would jeopardize the safety of the individual or a
member of the individual's family or household due to the
domestic violence situation.
(4) Any other type of evidence that reasonably proves
domestic violence.
(c) The documentation of domestic violence shall remain
confidential and the department may not disclose the existence
of a domestic violence situation in any notice provided to an
employer regarding the claim for compensation.
(d) (1) If an individual who submits verification under
subsection (b) in a form acceptable to the department is
otherwise eligible under section 401, the individual shall be
considered eligible and the department shall expedite a
determination of eligibility under section 501.
(2) An individual who submits a self-affirmation under
subsection (b)(3) shall submit documentation of the domestic
violence situation under subsection (b)(1), (2) or (4) to the
department within one hundred fifty (150) days of the date of
application.
(3) This subsection shall not be construed to prohibit
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redetermination of eligibility within eighteen (18) months of
the application for benefits if the department receives
information within eighteen (18) months of the application for
benefits indicating that the self-affirmation submitted under
subsection (b)(3) included false information or an individual
fails to submit documentation of the domestic violence situation
under subsection (b)(1), (2) or (4) within one hundred fifty
(150) days of the date of application.
(e) The department shall grant relief from charges under
section 302.1 to base year employers for benefit charges related
to a claim that is determined eligible in accordance with this
section. Relief from charges shall be provided without a request
from the employer.
(f) Subject to subsection (c), if an employer is granted
relief from charges without a request under subsection (e), the
department shall notify the employer that relief from charges
shall be granted without the need for the employer to submit a
request. Notice under this subsection may be included on the
eligibility determination provided to the employer or on other
relevant claim documentation delivered to the employer.
Section 4. The Department of Labor and Industry shall
consult with the Office of Victim Advocate and relevant advocacy
groups when implementing section 402.7 of the act, including
updates to the application for unemployment compensation,
updated notices to claimants and employers and the development
of any forms related to documentation of a domestic violence
situation.
Section 5. This act shall take effect in six months.
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