§ 802. Ineligibility for compensation
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: October 23, 2013
Effective: October 23, 2013
43 P.S. § 802
§ 802. 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 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 1974.1
(b) In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature, irrespective of whether or not such work is in “employment” as defined in this act: Provided, That a voluntary leaving work because of a disability if the employer is able to provide other suitable work, shall be deemed not a cause of a necessitous and compelling nature: And provided further, That no employe shall be deemed to be ineligible under this subsection where as a condition of continuing in employment such employe would be required to join or remain a member of a company union or to resign from or refrain from joining any bona fide labor organization, or to accept wages, hours or conditions of employment not desired by a majority of the employes in the establishment or the occupation, or would be denied the right of collective bargaining under generally prevailing conditions, and that in determining whether or not an employe has left his work voluntarily without cause of a necessitous and compelling nature, the department shall give consideration to the same factors, insofar as they are applicable, provided, with respect to the determination of suitable work under section four (t):2 And provided further, That the provisions of this subsection shall not apply in the event of a stoppage of work which exists because of a labor dispute within the meaning of subsection (d). Provided further, That 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 agreement, or pursuant to an established employer plan, program or policy: Provided further, That a claimant shall not be disqualified for voluntarily leaving work, which is not suitable employment to enter training approved under section 236(a)(1) of the Trade Act of 1974. For purposes of this subsection the term “suitable employment” means with respect to a claimant, work of a substantially equal or higher skill level than the claimant's past “adversely affected employment” (as defined in section 247 of the Trade Act of 1974),3 and wages for such work at not less than eighty per centum of the worker's “average weekly wage” (as defined in section 247 of the Trade Act of 1974).
(c) With respect to which or a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of any other state or of the United States: Provided, That if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, the disqualification shall not apply.
(d) In which his unemployment is due to a stoppage of work, which exists because of a labor dispute (other than a lock-out) at the factory, establishment or other premises at which he is or was last employed: Provided, That this subsection shall not apply if it is shown that (1) he is not participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (2) he is not a member of an organization which is participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (3) he does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in, or directly interested in, the dispute.
(e.1) In which his unemployment is due to discharge or temporary suspension from work due to failure to submit and/or pass a drug test conducted pursuant to an employer's established substance abuse policy, provided that the drug test is not requested or implemented in violation of the law or of a collective bargaining agreement.
(h) In which he is engaged in self-employment: Provided, however, That an employe who is able and available for full-time work shall be deemed not engaged in self-employment by reason of continued participation without substantial change during a period of unemployment in any activity including farming operations undertaken while customarily employed by an employer in full-time work whether or not such work is in “employment” as defined in this act and continued subsequent to separation from such work when such activity is not engaged in as a primary source of livelihood. Net earnings received by the employe with respect to such activity shall be deemed remuneration paid or payable with respect to such period as shall be determined by rules and regulations of the department.
(j) In which the employe fails to participate in reemployment services, such as job search assistance services, if it has been determined that the employe is likely to exhaust regular benefits and to need reemployment service pursuant to a profiling system established by the department, unless the department determines that (1) the employe has completed such services or (2) there is justifiable cause for the employe's failure to participate in such services.
(k) In which the employe's unemployment is due to a separation from work initiated by the employe or the employer in order to preserve the employe's existing entitlement to a pension, including a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payments.
1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. IV, § 402. Amended 1939, June 20, P.L. 458, No. 261, § 2; 1942, Ex.Sess., April 23, P.L. 60, No. 23, § 4; 1943, May 21, P.L. 337, No. 157, § 1; 1945, May 29, P.L. 1145, No. 408, § 9; 1947, June 30, P.L. 1186, No. 493, § 2; 1949, May 23, P.L. 1738, No. 530, § 11; 1953, Aug. 24, P.L. 1397, No. 396, § 4; 1955, March 30, P.L. 6, No. 5, § 5; 1959, Dec. 17, P.L. 1893, No. 693, §§ 8, 9, 10; 1971, Sept. 27, P.L. 460, No. 108, § 17; 1974, Dec. 5, P.L. 769, No. 261, § 2, imd. effective; 1974, Dec. 5, P.L. 771, No. 262, § 7, imd. effective; 1977, July 6, P.L. 41, No. 22, § 4, eff. Jan. 1, 1978; 1980, July 10, P.L. 521, No. 108, §§ 12 to 14, imd. effective; 1981, Oct. 22, P.L. 301, No. 106, § 1, imd. effective; 1995, Nov. 17, P.L. 615, No. 64, § 2, effective Jan. 1, 1996; 2002, Dec. 9, P.L. 1330, No. 156, § 3, imd. effective; 2013, Oct. 23, P.L. 637, No. 75, § 4, imd. effective.
43 P.S. § 802, PA ST 43 P.S. § 802
Current through 2021 Regular Session Act 70. Some statute sections may be more current, see credits for details.
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