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§ 801. Qualifications required to secure compensation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: July 24, 2021

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 14. Unemployment Compensation Law (Refs & Annos)
Article IV. Compensation (Refs & Annos)
Effective: July 24, 2021
43 P.S. § 801
§ 801. Qualifications required to secure compensation
Currentness
<Section 5(2) of Act 2021, June 30, P.L. 173, No. 30, provides that the amendment of 43 P.S. §§ 801, 804, 821 and 916.7 by that Act shall apply to determinations issued under those sections on or after the publication of notice under § 6 of that Act [see 51 Pa.B. 4033, published July 24, 2021].>
Compensation shall be payable to any employe who is or becomes unemployed, and who--
(a) Satisfies both of the following requirements:
(1) Has, within his base year, been paid wages for employment as required by section 404(c) of this act.
(2) Except as provided in section 404(a)(3) and (e)(2)(v), not less than thirty-seven per centum (37%) of the employe's total base year wages have been paid in one or more quarters, other than the highest quarter in such employe's base year.
(b)(1) Is making an active search for suitable employment. The requirements for “active search” shall be established by the department and shall include, at a minimum, all of the following:
(i) Registration by a claimant for employment search services offered by the Pennsylvania CareerLink system or its successor agency within thirty (30) days after initial application for benefits.
(ii) Posting a resume on the system's database, unless the claimant is seeking work in an employment sector in which resumes are not commonly used.
(iii) Applying for positions that offer employment and wages similar to those the claimant had prior to his unemployment and which are within a forty-five (45) minute commuting distance.
(2) The Pennsylvania CareerLink system or its successor agency shall provide documentation, on a quarterly basis or more frequently, as the secretary deems appropriate, to the Pennsylvania Unemployment Compensation Service Center system so the system can conduct the necessary cross reference checks.
(3) For the purposes of paragraph (1), the department may determine that a claimant has made an active search for suitable work if the claimant's efforts include actions comparable to those traditional actions in their trade or occupation by which jobs have been found by others in the community and labor market in which the claimant is seeking employment.
(4) The requirements of this subsection do not apply to any week in which the claimant is in training approved under section 236(a)(1) of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. § 2101 et seq.) or any week in which the claimant is required to participate in reemployment services under section 402(j) of this act.1
(5) The requirements of this subsection shall not apply to a claimant who is laid off for lack of work and advised by the employer of the date on which the claimant will return to work.
(6) The department may waive or alter the requirements of this subsection in cases or situations with respect to which the secretary finds that compliance with such requirements would be oppressive or which would be inconsistent with the purposes of this act.
(c) Has made a valid application for benefits with respect to the benefit year for which compensation is claimed and has made a claim for compensation in the proper manner and on the form prescribed by the department;
(d)(1) Is able to work and available for suitable work: Provided, That no otherwise eligible claimant shall be denied benefits for any week because he is in training with the approval of the secretary nor shall such individual be denied benefits with respect to any week in which he is in training with the approval of the secretary by reason of the application of the provisions of this subsection relating to availability for work or the provisions of section 402(a) of this act relating to failure to apply for or a refusal to accept suitable work.
(2) No otherwise eligible claimant shall be denied benefits for any 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, or pursuant to an established employer plan, program or policy.
(e)(1) Has been unemployed for a waiting period of one week.
(2) No week shall be counted as a week of unemployment for the purposes of this section, (i) unless it occurs within the benefit year which includes the week with respect to which such employe claims compensation, or (ii) if compensation has been paid or is payable with respect thereto, or (iii) unless the employe was eligible for compensation with respect thereto under all other provisions of this section and was not disqualified with respect thereto under section 402(a), (b), (d), (e), (g), (h) and (i).
(3) Deleted by 1983, July 21, P.L.68, No. 30, § 16.
(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) 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.
(g) With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this subsection, the term “Previously Uncovered Services” means services--
(A) which were not in employment as defined in section 4(l)2 and were not services covered pursuant to this act at anytime during the one-year period ending December 31, 1975; and
(B) which--
(I) are agricultural labor (as defined in section (4)(l)(3)(G) or domestic service (as defined in section 4(l)(3)(H)) or
(II) are services performed by an employe of the Commonwealth or of a political subdivision thereof, as provided in Article X and Article XII3 or by an employe of a nonprofit educational institution which is not an institution of higher education, as provided in Article XI,4 except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 19745 was paid on the basis of such services.

Credits

1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. IV, § 401. Amended 1942, Ex.Sess., April 23, P.L. 60, No. 23, § 4; 1943, May 27, P.L. 717, No. 312, § 3; 1945, May 29, P.L. 1145, No. 408, § 8; 1949, May 23, P.L. 1738, No. 530, § 10; 1951, Sept. 29, P.L. 1580, No. 408, § 13; 1953, Aug. 24, P.L. 1397, No. 396, § 3; 1955, March 30, P.L. 6, No. 5, § 4; 1955, Sept. 3, P.L. 556, No. 136, § 2; 1959, Dec. 17, P.L. 1893, No. 693, § 7; 1961, Sept. 14, P.L. 1301, No. 570, § 3; 1964, Special Sess., March 24, P.L. 53, No. 1, § 5; 1971, Sept. 27, P.L. 460, No. 108, §§ 15, 16; 1974, Dec. 5, P.L. 769, No. 261, § 1, imd. effective; 1974, Dec. 5, P.L. 771, No. 262, § 6, imd. effective; 1975, June 6, P.L. 5, No. 3, § 1, imd. effective; 1976, July 9, P.L. 842, No. 147, § 2; 1977, July 6, P.L. 41, No. 22, § 3, effective Jan. 1, 1978; 1980, July 10, P.L. 521, No. 108, §§ 9 to 11, imd. effective; 1983, July 21, P.L. 68, No. 30, § 16, eff. Jan. 1, 1984; 2002, Dec. 9, P.L. 1330, No. 156, § 2, imd. effective; 2011, June 17, P.L. 16, No. 6, § 4, effective Jan. 1, 2012; 2012, June 12, P.L. 577, No. 60, § 10, effective Jan. 1, 2013; 2013, Oct. 23, P.L. 637, No. 75, § 3.1, imd. effective; 2016, Nov. 3, P.L. 1100, No. 144, § 4, imd. effective; 2021, June 30, P.L. 173, No. 30, § 1, effective upon publication of notice at 51 Pa.B. 4033 [July 24, 2021].

Footnotes

1
43 P.S. § 802.
2
43 P.S. § 753.
3
43 P.S. §§ 891 et seq., 911 et seq.
4
43 P.S. § 901 et seq.
5
29 U.S.C.A. § 961 et seq. (repealed).
43 P.S. § 801, PA ST 43 P.S. § 801
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document