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SENATE AMENDED
PRIOR PRINTER'S NOS. 218, 374, 1026,
2541, 2674 PRINTER'S NO. 2683
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 274
Session of
2025
INTRODUCED BY DAWKINS, GROVE, SHUSTERMAN, HARKINS, HILL-EVANS,
MARCELL, KHAN, POWELL, VENKAT, DEASY, McNEILL, CARROLL,
FREEMAN, SCHLOSSBERG, GIRAL, MAYES, HOWARD, CERRATO, SANCHEZ,
KENYATTA, WARREN, HOHENSTEIN, BOYD, K. HARRIS, MADSEN AND
GREEN, JANUARY 22, 2025
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 9, 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 compensation,
further providing for qualifications required to secure
compensation and for ineligibility for compensation,
providing for eligibility related to domestic violence and
further providing for rate and amount of compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 401(f) and 402(a) 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:
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Section 401. Qualifications Required to Secure
Compensation.--Compensation shall be payable to any employe who
is or becomes unemployed, and who--
* * *
(f) Has earned, subsequent to his separation from work under
circumstances which are disqualifying under the provisions of
subsections 402(b), 402(e), 402(e.1), 402(h) and 402(k) of this
act, remuneration for services in an amount equal to or in
excess of [six (6)] ten (10) TWELVE (12) times his weekly
benefit rate in "employment" as defined in this act. The
provisions of this subsection shall not apply to a suspension of
work by an individual pursuant to a leave of absence granted by
his last employer, provided such individual has made a
reasonable effort to return to work with such employer upon the
expiration of his leave of absence.
* * *
Section 402. Ineligibility for Compensation.--An employe
shall be ineligible for compensation for any week--
(a) In which his unemployment is due to failure, without
good cause, either to apply for suitable work at such time and
in such manner as the department may prescribe, or to accept
suitable work when offered to him by the employment office or by
any employer, irrespective of whether or not such work is in
"employment" as defined in this act: Provided, That such
employer notifies the employment office of such offer within
seven (7) days after the making thereof; however this subsection
shall not cause a disqualification of a waiting week or benefits
under the following circumstances: when work is offered by his
employer and he is not required to accept the offer pursuant to
the terms of the labor-management contract or agreement, or
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pursuant to an established employer plan, program or policy:
Provided further, That a claimant shall not be disqualified for
refusing suitable work when he is in training approved under
section 236(a)(1) of the Trade Act of 1974[.]: Provided further,
that the following apply:
(1) A claimant shall make a good faith effort to obtain
employment in suitable work. A claimant who has applied for a
position may not take any action to unreasonably discourage the
claimant's own hire in suitable work , including any of the
following:
(i) Refusing to attend or failing to participate , without
good cause, in a job interview or other applicant selection
activity offered by the employer.
(ii) Refusing employment, or a referral for employment,
without good cause, prior to an interview or a discussion of the
details of a job with the employer.
(2) Within ninety (90) days of the effective date of this
clause, the department shall create forms or update existing
forms to enable employers to report claimants who discourage
their own hire, as provided in this subsection. The forms shall
include notice of the provisions of section 802 of this act.
(3) A claimant who unreasonably discourages the claimant's
own hire in suitable work shall be considered to have refused an
offer of work for purposes of this subsection.
(4) ANY OVERPAYMENT THAT RESULTS FROM A DISQUALIFICATION
UNDER CLAUSE (1) SHALL BE SUBJECT TO SECTION 804(B).
(5) THE DEPARTMENT SHALL GRANT RELIEF FROM CHARGES UNDER
SECTION 302.1 TO BASE YEAR EMPLOYERS FOR BENEFIT CHARGES RELATED
TO A CLAIM THAT IS DISQUALIFIED UNDER CLAUSE (1). RELIEF FROM
CHARGES SHALL BE PROVIDED WITHOUT A REQUEST FROM THE EMPLOYER.
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(6) IF AN EMPLOYER IS GRANTED RELIEF FROM CHARGES WITHOUT A
REQUEST UNDER CLAUSE (5), 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
CLAUSE MAY BE INCLUDED ON THE ELIGIBILITY DETERMINATION PROVIDED
TO THE EMPLOYER OR ON OTHER RELEVANT CLAIM DOCUMENTATION
DELIVERED TO THE EMPLOYER.
* * *
Section 2. 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) 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
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
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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) If an individual who verifies domestic violence under
subsection (b) is otherwise eligible under section 401, the
individual shall be considered eligible, and the department
shall expedite a determination of eligibility under section 501.
(e) 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. The department may, for good cause, excuse the
requirements or extend the period in which documentation must be
provided.
(f) 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.
(g) Subject to subsection (c), if an employer is granted
relief from charges without a request under subsection (f), 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
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eligibility determination provided to the employer or on other
relevant claim documentation delivered to the employer.
Section 3. Section 404(e)(2)(v) of the act is amended to
read:
SECTION 3. SECTION 404(E)(2)(V) AND (VI) OF THE ACT ARE
AMENDED TO READ:
Section 404. Rate and Amount of Compensation.--Compensation
shall be paid to each eligible employe in accordance with the
following provisions of this section except that compensation
payable with respect to weeks ending in benefit years which
begin prior to the first day of January 1989 shall be paid on
the basis of the provisions of this section in effect at the
beginning of such benefit years.
* * *
(e) * * *
(2) * * *
(v) If, on July 1, [2025] 2027 2028 , the trigger percentage
determined under section 301.7(a) is less than [two hundred
fifty per centum (250%)] one hundred per centum (100%), the
following shall apply:
(A) Notwithstanding the definition of "highest quarterly
wages" in subsection (b), but subject to subclause (vi),
"highest quarterly wages" for purposes of this section for
calendar years [2026] 2028 2029 and thereafter shall be the
average of the total wages (computed to the nearest dollar),
which were paid to the employe computed as follows:
(I) The wages paid to the employe in that calendar quarter
in which such total wages were highest during the base year
shall be calculated.
(II) The amount calculated under division (I) shall be added
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to an amount equal to one hundred thirty per centum (130%) of
the wages paid to the employe in the calendar quarter in which
such total wages were the second highest of any calendar quarter
during the base year, provided that the amount added under this
division (II) may not be greater than the wages paid to the
employe during the highest calendar quarter under division (I).
(III) The sum calculated under division (II) shall be
divided by two.
(B) Notwithstanding section 401(a)(2), and except as
provided in subsections (a)(3) and (e)(1) and (2), section
401(a) shall require that the second entry in Part A of the
table for the determination of rate and amount of benefits, on
the line on which there appears the employe's weekly benefit
rate, does not exceed sixty-three per centum (63%) of the
employe's total base year wages.
(C) NOTWITHSTANDING THE APPLICATION OF AN ALTERNATIVE
CALCULATION FOR "HIGHEST QUARTERLY WAGES" REQUIRED IN THIS
SUBCLAUSE, NO EMPLOYE SHALL BE FINANCIALLY ELIGIBLE FOR
COMPENSATION IF THE EMPLOYE'S WAGES IN THE HIGHEST QUARTER OF
THE EMPLOYE'S BASE YEAR EXCEED SIXTY-THREE PER CENTUM (63%) OF
THE EMPLOYE'S TOTAL BASE YEAR WAGES.
(VI) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (B) AND
SUBCLAUSE (V) IF, ON JULY 1, [2026] 2028 2029 , OR JULY 1 OF ANY
SUBSEQUENT YEAR, THE TRIGGER PERCENTAGE DETERMINED UNDER SECTION
301.7(A) IS AT LEAST TWO HUNDRED FIFTY PER CENTUM (250%), THE
FOLLOWING SHALL APPLY:
(A) "HIGHEST QUARTERLY WAGES" FOR THE SUBSEQUENT CALENDAR
YEAR AND THEREAFTER SHALL BE DETERMINED AS PROVIDED IN
SUBSECTION (B) AND NOT AS PROVIDED IN SUBCLAUSE (V).
(B) SECTION 401(A)(2) SHALL APPLY AND NOT SUBCLAUSE (V)(B).
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* * *
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 as follows:
(1) The amendment of section 401(f) of the act shall
take effect in one year.
(2) The EXCEPT AS PROVIDED UNDER PARAGRAPH (3), THE
amendment of section 404(e)(2)(v) AND (VI) of the act shall
take effect immediately.
(3) THE ADDITION OF SECTION 404(E)(2)(V)(C) OF THE ACT
SHALL TAKE EFFECT IN THREE YEARS.
(3) (4) This section shall take effect immediately.
(4) (5) The remainder of this act shall take effect in
60 days.
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