SB 495 — 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 qualifications required to secure compensation and for ineligibility for compensation.

PRINTER'S NO.   450

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 495
                                               Session of
                                                 2025

     INTRODUCED BY L. WILLIAMS, KANE, FONTANA, COMITTA, TARTAGLIONE,
        HAYWOOD, HUGHES, KEARNEY, STREET, SAVAL, COSTA AND MUTH,
        MARCH 21, 2025

     REFERRED TO LABOR AND INDUSTRY, MARCH 21, 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 qualifications required to secure
17      compensation and for ineligibility for compensation.
18      The General Assembly of the Commonwealth of Pennsylvania
19   hereby enacts as follows:
20      Section 1.    Section 401(e)(1) of the act of December 5, 1936
21   (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
22   Compensation Law, is amended and the section is amended by
23   adding a subsection to read:
24      Section 401.    Qualifications Required to Secure
25   Compensation.--Compensation shall be payable to any employe who
 1   is or becomes unemployed, and who--
 2      * * *
 3      (e)   (1)   [Has] Except as provided in subsection (h), has
 4   been unemployed for a waiting period of one week.
 5      * * *
 6      (h)   For a claim for a period of unemployment beginning after
 7   the effective date of this subsection, is unemployed due to a
 8   stoppage of work caused by a labor dispute: Provided, That the
 9   claimant shall not be provided benefits for a thirty-day period
10   following a stoppage of work caused by a labor dispute other
11   than a lockout.
12      Section 2.     Section 402(b) and (d) of the act are amended to
13   read:
14      Section 402.    Ineligibility for Compensation.--An employe
15   shall be ineligible for compensation for any week--
16      * * *
17      (b)   In which his unemployment is due to voluntarily leaving
18   work without cause of a necessitous and compelling nature,
19   irrespective of whether or not such work is in "employment" as
20   defined in this act: Provided, That a voluntary leaving work
21   because of a disability if the employer is able to provide other
22   suitable work, shall be deemed not a cause of a necessitous and
23   compelling nature: And provided further, That no employe shall
24   be deemed to be ineligible under this subsection where as a
25   condition of continuing in employment such employe would be
26   required to join or remain a member of a company union or to
27   resign from or refrain from joining any bona fide labor
28   organization, or to accept wages, hours or conditions of
29   employment not desired by a majority of the employes in the
30   establishment or the occupation, or would be denied the right of

20250SB0495PN0450                    - 2 -
 1   collective bargaining under generally prevailing conditions, and
 2   that in determining whether or not an employe has left his work
 3   voluntarily without cause of a necessitous and compelling
 4   nature, the department shall give consideration to the same
 5   factors, insofar as they are applicable, provided, with respect
 6   to the determination of suitable work under section four (t)[:
 7   And provided further, That the provisions of this subsection
 8   shall not apply in the event of a stoppage of work which exists
 9   because of a labor dispute within the meaning of subsection
10   (d)]. Provided further, That no otherwise eligible claimant
11   shall be denied benefits for any week in which his unemployment
12   is due to exercising the option of accepting a layoff, from an
13   available position pursuant to a labor-management contract
14   agreement, or pursuant to an established employer plan, program
15   or policy: Provided further, That a claimant shall not be
16   disqualified for voluntarily leaving work, which is not suitable
17   employment to enter training approved under section 236(a)(1) of
18   the Trade Act of 1974: Provided further, That a claimant shall
19   not be disqualified for voluntarily leaving work if the claimant
20   left such work to accompany a spouse who is on active duty with
21   the United States Armed Forces and is required to relocate due
22   to permanent change of station orders, activation orders or unit
23   deployment orders and such relocation would make it impractical
24   or unreasonably difficult, as determined by the department, for
25   the claimant to continue employment with the claimant's
26   employer. For purposes of this subsection the term "suitable
27   employment" means with respect to a claimant, work of a
28   substantially equal or higher skill level than the claimant's
29   past "adversely affected employment" (as defined in section 247
30   of the Trade Act of 1974), and wages for such work at not less

20250SB0495PN0450                 - 3 -
 1   than eighty per centum of the worker's "average weekly wage" (as
 2   defined in section 247 of the Trade Act of 1974).
 3      * * *
 4      [(d)     In which his unemployment is due to a stoppage of work,
 5   which exists because of a labor dispute (other than a lock-out)
 6   at the factory, establishment or other premises at which he is
 7   or was last employed: Provided, That this subsection shall not
 8   apply if it is shown that (1) he is not participating in, or
 9   directly interested in, the labor dispute which caused the
10   stoppage of work, and (2) he is not a member of an organization
11   which is participating in, or directly interested in, the labor
12   dispute which caused the stoppage of work, and (3) he does not
13   belong to a grade or class of workers of which, immediately
14   before the commencement of the stoppage, there were members
15   employed at the premises at which the stoppage occurs, any of
16   whom are participating in, or directly interested in, the
17   dispute.]
18      * * *
19      Section 3.    This act shall take effect immediately.




20250SB0495PN0450                    - 4 -