HB 318 — 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 compensation, further providing for ineligibility for compensation.

PRINTER'S NO.   275

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 318
                                               Session of
                                                 2025

     INTRODUCED BY LABS, KAUFFMAN, KUZMA, MARCELL AND JAMES,
        JANUARY 27, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 27, 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 compensation,
16      further providing for ineligibility for compensation.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    Section 402(a) of the act of December 5, 1936
20   (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
21   Compensation Law, is amended to read:
22      Section 402.    Ineligibility for Compensation.--An employe
23   shall be ineligible for compensation for any week--
24      (a)   In which his unemployment is due to failure, without
25   good cause, either to apply for suitable work at such time and
 1   in such manner as the department may prescribe, or to accept
 2   suitable work when offered to him by the employment office or by
 3   any employer, irrespective of whether or not such work is in
 4   "employment" as defined in this act: Provided, That such
 5   employer notifies the employment office of such offer within
 6   seven (7) days after the making thereof; however this subsection
 7   shall not cause a disqualification of a waiting week or benefits
 8   under the following circumstances: when work is offered by his
 9   employer and he is not required to accept the offer pursuant to
10   the terms of the labor-management contract or agreement, or
11   pursuant to an established employer plan, program or policy:
12   Provided further, That a claimant shall not be disqualified for
13   refusing suitable work when he is in training approved under
14   section 236(a)(1) of the Trade Act of 1974[.]: Provided further,
15   That the following apply:
16      (1)    A claimant shall make a good faith effort to obtain
17   employment in suitable work. A claimant who has applied for a
18   position may not take any action to unreasonably discourage the
19   claimant's own hire in suitable work, including any of the
20   following:
21      (i)    Refusing to attend or failing to participate, without
22   good cause, in a job interview or other applicant selection
23   activity offered by the employer.
24      (ii)    Refusing employment or a referral for employment,
25   without good cause, prior to an interview or a discussion of the
26   details of a job with the employer.
27      (2)    Within ninety (90) days of the effective date of this
28   paragraph, the department shall create forms or update existing
29   forms to enable employers to report claimants who discourage
30   their own hire, as provided in this subsection. The forms shall

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1   include notice of the provisions of section 802.
2      (3)   A claimant who unreasonably discourages the claimant's
3   own hire in suitable work shall be considered to have refused an
4   offer of work for purposes of this subsection.
5      * * *
6      Section 2.   This act shall take effect immediately.




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