PRIOR PRINTER'S NO. 2248

PRINTER'S NO.  3093

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1754

Session of

2011

  

  

INTRODUCED BY MILLER, PERRY, AUMENT, BEAR, BLOOM, BOBACK, BOYD, CAUSER, COX, CREIGHTON, CUTLER, DELOZIER, DENLINGER, EVANKOVICH, EVERETT, GABLER, GILLEN, GILLESPIE, GINGRICH, GRELL, GROVE, HARRIS, HICKERNELL, KAMPF, KAUFFMAN, F. KELLER, M. K. KELLER, KNOWLES, LAWRENCE, MAJOR, MARSICO, METCALFE, METZGAR, MOUL, OBERLANDER, PICKETT, PYLE, RAPP, ROCK, SAYLOR, CULVER, SONNEY, SWANGER, TALLMAN, TURZAI AND HESS, JUNE 29, 2011

  

  

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 13, 2012   

  

  

  

AN ACT

  

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Amending the act of December 5, 1936 (2nd Sp.Sess., 1937

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P.L.2897, No.1), entitled "An act establishing a system of

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unemployment compensation to be administered by the

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Department of Labor and Industry and its existing and newly

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created agencies with personnel (with certain exceptions)

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selected on a civil service basis; requiring employers to

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keep records and make reports, and certain employers to pay

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contributions based on payrolls to provide moneys for the

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payment of compensation to certain unemployed persons;

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providing procedure and administrative details for the

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determination, payment and collection of such contributions

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and the payment of such compensation; providing for

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cooperation with the Federal Government and its agencies;

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creating certain special funds in the custody of the State

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Treasurer; and prescribing penalties," further providing for

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definitions, for relief from charges and for ineligibility

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for compensation; and providing for applicability.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 402(b) and (e) of the act of December 5,

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1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the

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Unemployment Compensation Law, amended August 24, 1953

 


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(P.L.1397, No.396) and October 22, 1981 (P.L.301, No.106), are

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amended to read:

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Section 1.  Section 4 of the act of December 5, 1936 (2nd Sp.

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Sess., 1937 P.L.2897, No.1), known as the Unemployment

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Compensation Law, is amended by adding definitions to read:

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Section 4.  Definitions.--The following words and phrases, as

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used in this act, shall have the following meanings, unless the

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context clearly requires otherwise.

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* * *

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(z.8)  "Abuse" means one or more of the following:

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(1)  Attempting to cause or causing physical harm.

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(2)  Placing another in fear of imminent serious physical

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harm.

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(3)  Causing another to engage involuntarily in sexual

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relations by force, threat or duress or engaging or threatening

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to engage in sexual activity with a dependent child.

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(4)  Engaging in mental abuse, which includes threats,

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intimidation or acts designed to induce terror.

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(5)  Depriving another of medical care, housing, food or

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other necessities of life.

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(6)  Restraining the liberty of another.

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(z.9)  "Domestic violence" means abuse committed against a

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claimant by:

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(1)  a current or former spouse of the claimant;

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(2)  an individual with whom the claimant shares a child in

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common;

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(3)  an individual who is cohabiting with or has cohabited

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with the claimant;

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(4)  an individual who is related by blood or marriage to the

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claimant; or

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(5)  an individual with whom the claimant has or had a dating

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or engagement relationship.

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Section 1.1.  Section 302.1(a)(1) and (c)(1) of the act,

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added June 17, 2011 (P.L.16, No.6), are amended to read:

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Section 302.1.  Relief from Charges.--Notwithstanding any

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other provisions of this act assigning charges for compensation

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paid to employes, the department shall relieve an employer of

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charges for compensation in accordance with this section and

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section 213 of this act.

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(a)  Circumstances allowing relief:

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(1)  If an individual was separated from his most recent work

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for an employer due to being discharged for willful misconduct

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connected with that work, or due to his leaving that work

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without good cause attributable to his employment, or due to his

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being separated from such work under conditions which would

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result in disqualification for benefits under the provisions of

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section 3 or 402(e.1) and (e.2) of this act, the employer shall

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be relieved of charges for compensation paid to the individual

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with respect to any week of unemployment occurring subsequent to

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such separation. Relief from charges under this paragraph

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terminates if the employe returns to work for the employer.

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* * *

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(c)  Relief from charges without a request:

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(1)  If a claimant is determined ineligible for benefits

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under section 3 or 402(b), (e) [or], (e.1) or (e.2) of this act

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pursuant to a notice of determination that has become final, the

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department shall grant relief from charges in accordance with

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subsection (a)(1) to the employer from whom the claimant was

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separated, beginning with the earliest week for which the

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claimant is eligible for benefits following the week or weeks

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governed by the notice of determination.

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* * *

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Section 2.  Section 402(b) of the act, amended August 24,

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1953 (P.L.1397, No.396) and October 22, 1981 (P.L.301, No.106),

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is amended and the section is amended by adding a subsection to

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read:

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Section 402.  Ineligibility for Compensation.--An employe

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shall be ineligible for compensation for any week--

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* * *

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(b)  In which his unemployment is due to voluntarily leaving

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work without cause of a necessitous and compelling nature

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attributable to his employment, irrespective of whether or not

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such work is in "employment" as defined in this act: Provided,

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That a voluntary leaving work because of a work-related 

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disability if the employer is able to provide other suitable

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work, shall be deemed not a cause of a necessitous and

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compelling nature attributable to his employment: And provided

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further, That no employe shall be deemed to be ineligible under

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this subsection where the Federal Unemployment Tax Act requires

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eligibility, and provided that no employe shall be deemed

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ineligible under this subsection if the employe is a spouse of a

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full-time member of the United States Armed Forces or a full-

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time member of any of its reserve components, including the

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Pennsylvania National Guard, and the employe is leaving

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employment due to the reassignment of the military member to a

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different geographical location: And provided further, That no

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employe shall be deemed to be ineligible under this section for

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voluntarily leaving work if the individual reasonably believes

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that due to a domestic violence situation such individual's

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continued employment would jeopardize the safety of the

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individual. The domestic violence situation shall be verified by

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reasonable and confidential documentation as the department may

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require, to include a statement supporting the existence of

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recent domestic violence from a qualified professional from whom

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the individual has sought assistance, such as a counselor,

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shelter worker, member of the clergy, attorney or health care

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worker and any type of evidence that reasonably proves domestic

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violence, but the department may not require an active or

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recently issued protective or other order documenting domestic

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violence, or a police record documenting recent domestic

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violence, although a claimant may present such documentation as

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evidence: And provided further, That no employe shall be deemed

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to be ineligible under this subsection where as a condition of

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continuing in employment such employe would be required to join

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or remain a member of a company union or to resign from or

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refrain from joining any bona fide labor organization, or to

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accept wages, hours or conditions of employment not desired by a

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majority of the employes in the establishment or the occupation,

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or would be denied the right of collective bargaining under

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generally prevailing conditions, and that in determining whether

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or not an employe has left his work voluntarily without cause of

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a necessitous and compelling nature attributable to his

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employment, the department shall give consideration to the same

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factors, insofar as they are applicable, provided, with respect

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to the determination of suitable work under section four (t):

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And provided further, That the provisions of this subsection

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shall not apply in the event of a stoppage of work which exists

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because of a labor dispute within the meaning of subsection (d).

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Provided further, That no otherwise eligible claimant shall be

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denied benefits for any week in which his unemployment is due to

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exercising the option of accepting a layoff, from an available

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position pursuant to a labor-management contract agreement, or

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pursuant to an established employer plan, program or policy:

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Provided further, That a claimant shall not be disqualified for

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voluntarily leaving work, which is not suitable employment to

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enter training approved under section 236(a)(1) of the Trade Act

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of 1974. For purposes of this subsection the term "suitable

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employment" means with respect to a claimant, work of a

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substantially equal or higher skill level than the claimant's

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past "adversely affected employment" (as defined in section 247

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of the Trade Act of 1974), and wages for such work at not less

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than eighty per centum of the worker's "average weekly wage" (as

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defined in section 247 of the Trade Act of 1974).

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* * *

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(e)  In which his unemployment is due to his discharge or

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temporary suspension from work for [willful] misconduct

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connected with his work, irrespective of whether or not such

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work is "employment" as defined in this act[; and]. For purposes

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of this subsection, the term "misconduct" shall include the

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violation of any reasonable workplace rule or work-related

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government regulation or law of which the employe was aware;

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failure to maintain a valid license or certificate that has been

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issued by a Federal or Commonwealth agency or political

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subdivision and which is a requirement of employment; the

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deliberate damage to property of the employer or another employe

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or the theft of an employer's or another employe's property;

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reporting to work in possession of or under the influence of

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drugs or alcohol; threatening a coworker or supervisor with

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physical harm or threatening to harm the interests of the

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employer; disregard of supervisor's reasonable directives or

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orders or an act of negligence which indicates substantial

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disregard for employer's interests.

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* * *

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Section 2.  The amendment of section 402(b) and (e) of the

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act shall apply to initial claims filed on or after January 1,

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2012.

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Section 3.  This act shall take effect in 60 days.

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(e.2)  In which his unemployment is due to discharge or 

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temporary suspension from work for any of the following reasons:

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(1)  Disregard of any reasonable workplace rule or work-

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related government regulation or law of which the employe was

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aware.

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(2)  The deliberate damage to property of the employer or

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another employe or the theft of an employer's or another

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employe's property.

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(3)  Reporting to work under the influence of alcohol or

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illegal drugs.

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(4)  Threatening a coworker or supervisor with physical harm

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or threatening to harm the interests of the employer.

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(5)  Disregard of a supervisor's reasonable directives or

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orders or acts of negligence which indicate substantial

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disregard for the employer's interests.

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(6)  Failure to maintain a valid license or certificate that

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has been issued by a Federal or Commonwealth agency or political

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subdivision and which is a requirement of employment, unless

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such failure was for reasons beyond the control of the employe.

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* * *

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Section 3.  The amendment of section 402(b) of the act shall

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apply to initial claims filed on or after July 1, 2012.

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Section 4.  This act shall take effect immediately.

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