HB 1692 — 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
 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," in contributions by
16      employers and employees, further providing for relief from
17      charges; and, in compensation, further providing for
18      ineligibility for compensation and providing for eligibility
19      related to domestic violence.
20      The General Assembly of the Commonwealth of Pennsylvania
21   hereby enacts as follows:
22      Section 1.    Section 302.1(a)(1) and (c)(1) of the act of
23   December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as
24   the Unemployment Compensation Law, are amended to read:
25      Section 302.1.    Relief from Charges.--Notwithstanding any
26   other provisions of this act assigning charges for compensation
 1   paid to employes, except for section 302(a)(2), the department
 2   shall relieve an employer of charges for compensation in
 3   accordance with this section and section 213 of this act.
 4      (a)   Circumstances allowing relief:
 5      (1)   If an individual was separated from his most recent work
 6   for an employer due to being discharged for willful misconduct
 7   connected with that work, or due to his leaving that work
 8   without good cause attributable to his employment, or due to his
 9   being separated from such work under conditions which would
10   result in disqualification for benefits under the provisions of
11   section 3 or 402(e.1) and (e.2) of this act, the employer shall
12   be relieved of charges for compensation paid to the individual
13   with respect to any week of unemployment occurring subsequent to
14   such separation. Relief from charges under this paragraph
15   terminates if the employe returns to work for the employer.
16      * * *
17      (c)   Relief from charges without a request:
18      (1)   If a claimant is determined ineligible for benefits
19   under section 3 or 402(b), (e) [or], (e.1) or (e.2) of this act
20   pursuant to a notice of determination that has become final, the
21   department shall grant relief from charges in accordance with
22   subsection (a)(1) to the employer from whom the claimant was
23   separated, beginning with the earliest week for which the
24   claimant is eligible for benefits following the week or weeks
25   governed by the notice of determination.
26      * * *
27      Section 2.   Section 402(b) of the act is amended and the
28   section is amended by adding a subsection to read:
29      Section 402.   Ineligibility for Compensation.--An employe
30   shall be ineligible for compensation for any week--

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 1      * * *
 2      (b)   In which his unemployment is due to voluntarily leaving
 3   work without cause of a necessitous and compelling nature
 4   attributable to his employment, irrespective of whether or not
 5   such work is in "employment" as defined in this act: Provided,
 6   That a voluntary leaving work because of a work-related
 7   disability if the employer is able to provide other suitable
 8   work, shall be deemed not a cause of a necessitous and
 9   compelling nature: attributable to his employment: And provided
10   further, That no employe shall be deemed to be ineligible under
11   this subsection where the Federal Unemployment Tax Act requires
12   eligibility: And provided further, That no employe shall be
13   deemed to be ineligible under this subsection where as a
14   condition of continuing in employment such employe would be
15   required to join or remain a member of a company union or to
16   resign from or refrain from joining any bona fide labor
17   organization, or to accept wages, hours or conditions of
18   employment not desired by a majority of the employes in the
19   establishment or the occupation, or would be denied the right of
20   collective bargaining under generally prevailing conditions, and
21   that in determining whether or not an employe has left his work
22   voluntarily without cause of a necessitous and compelling nature
23   attributable to his employment, the department shall give
24   consideration to the same factors, insofar as they are
25   applicable, provided, with respect to the determination of
26   suitable work under section four (t): And provided further, That
27   the provisions of this subsection shall not apply in the event
28   of a stoppage of work which exists because of a labor dispute
29   within the meaning of subsection (d). Provided further, That no
30   otherwise eligible claimant shall be denied benefits for any

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 1   week in which his unemployment is due to exercising the option
 2   of accepting a layoff, from an available position pursuant to a
 3   labor-management contract agreement, or pursuant to an
 4   established employer plan, program or policy: Provided further,
 5   That a claimant shall not be disqualified for voluntarily
 6   leaving work, which is not suitable employment to enter training
 7   approved under section 236(a)(1) of the Trade Act of 1974:
 8   Provided further, That a claimant shall not be disqualified for
 9   voluntarily leaving work if the claimant left such work to
10   accompany a spouse who is on active duty with the United States
11   Armed Forces and is required to relocate due to permanent change
12   of station orders, activation orders or unit deployment orders
13   and such relocation would make it impractical or unreasonably
14   difficult, as determined by the department, for the claimant to
15   continue employment with the claimant's employer. For purposes
16   of this subsection the term "suitable employment" means with
17   respect to a claimant, work of a substantially equal or higher
18   skill level than the claimant's past "adversely affected
19   employment" (as defined in section 247 of the Trade Act of
20   1974), and wages for such work at not less than eighty per
21   centum of the worker's "average weekly wage" (as defined in
22   section 247 of the Trade Act of 1974).
23      * * *
24      (e.2)   In which his unemployment is due to discharge or
25   temporary suspension from work for any of the following reasons:
26      (1)   Failure to obey any reasonable workplace rule or work-
27   related government regulation or law of which the employe was
28   aware.
29      (2)   The deliberate damage to property of the employer or
30   another employe or the theft of an employer's or another

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 1   employe's property.
 2         (3)   Reporting to work under the influence of alcohol or
 3   illegal drugs or consuming alcohol or using illegal drugs while
 4   at work.
 5         (4)   Threatening a coworker or supervisor with physical harm
 6   or threatening to harm the interests of the employer.
 7         (5)   Disregard of a supervisor's reasonable directives or
 8   orders or acts of negligence which indicate substantial
 9   disregard for the employer's interests.
10         (6)   Failure to maintain a valid license or certificate that
11   has been issued by a Federal or Commonwealth agency or political
12   subdivision and which is a requirement of employment, unless the
13   failure was for reasons beyond the control of the employe.
14         (7)   Failure to provide good cause for being absent from work
15   on two or more occasions or failure to report in a proper manner
16   under the employer's policy for absences from work on two or
17   more occasions.
18         * * *
19         Section 3.   The act is amended by adding a section to read:
20         Section 402.7.   Eligibility Related to Domestic Violence.--
21   (a)    An employe shall not be deemed to be ineligible under
22   section 402(b) for voluntarily leaving employment or section
23   402(e) or (e.2) for failure to attend work if, due to a domestic
24   violence situation, the individual's continued employment would
25   jeopardize the safety of the individual or a member of the
26   individual's family or household.
27         (b)   Verification of a domestic violence situation may be
28   provided on the initial application for benefits through any one
29   of the following which documents recent domestic violence:
30         (1)   An active or recently issued protective order or other

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 1   order, court records, a police record, medical treatment
 2   records, social services records or child protective services
 3   records.
 4      (2)     A statement supporting the existence of recent domestic
 5   violence from a qualified professional from whom the individual
 6   has sought assistance, such as a counselor, shelter worker,
 7   member of the clergy, attorney or health care worker, or a
 8   similar statement from a friend or relative from whom the
 9   individual has sought assistance.
10      (3)     A self-affirmation that the individual's continued
11   employment would jeopardize the safety of the individual or a
12   member of the individual's family or household due to the
13   domestic violence situation.
14      (4)     Any other type of evidence that reasonably proves
15   domestic violence.
16      (c)     The documentation of domestic violence shall remain
17   confidential and the department may not disclose the existence
18   of a domestic violence situation in any notice provided to an
19   employer regarding the claim for compensation.
20      (d)     (1)   If an individual who submits verification under
21   subsection (b) in a form acceptable to the department is
22   otherwise eligible under section 401, the individual shall be
23   considered eligible and the department shall expedite a
24   determination of eligibility under section 501.
25      (2)     An individual who submits a self-affirmation under
26   subsection (b)(3) shall submit documentation of the domestic
27   violence situation under subsection (b)(1), (2) or (4) to the
28   department within one hundred fifty (150) days of the date of
29   application.
30      (3)     This subsection shall not be construed to prohibit

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 1   redetermination of eligibility within eighteen (18) months of
 2   the application for benefits if the department receives
 3   information within eighteen (18) months of the application for
 4   benefits indicating that the self-affirmation submitted under
 5   subsection (b)(3) included false information or an individual
 6   fails to submit documentation of the domestic violence situation
 7   under subsection (b)(1), (2) or (4) within one hundred fifty
 8   (150) days of the date of application.
 9      (e)   The department shall grant relief from charges under
10   section 302.1 to base year employers for benefit charges related
11   to a claim that is determined eligible in accordance with this
12   section. Relief from charges shall be provided without a request
13   from the employer.
14      (f)   Subject to subsection (c), if an employer is granted
15   relief from charges without a request under subsection (e), the
16   department shall notify the employer that relief from charges
17   shall be granted without the need for the employer to submit a
18   request. Notice under this subsection may be included on the
19   eligibility determination provided to the employer or on other
20   relevant claim documentation delivered to the employer.
21      Section 4.   The Department of Labor and Industry shall
22   consult with the Office of Victim Advocate and relevant advocacy
23   groups when implementing section 402.7 of the act, including
24   updates to the application for unemployment compensation,
25   updated notices to claimants and employers and the development
26   of any forms related to documentation of a domestic violence
27   situation.
28      Section 5.   This act shall take effect in six months.




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