H1852B3094A08843     DMS:JB  02/14/12     #90        A08843

AMENDMENTS TO HOUSE BILL NO. 1852

Sponsor: REPRESENTATIVE PERRY

Printer's No. 3094

Amend Bill, page 1, line 18, by inserting after

"compensation,"

 for ineligibility for compensation,

Amend Bill, page 2, line 6, by inserting after "amended"

 and the section is amended by adding subsections

Amend Bill, page 2, by inserting between lines 29 and 30

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

(1)  Attempting to cause or causing physical harm.

(2)  Placing another in fear of imminent serious physical

harm.

(3)  Causing another to engage involuntarily in sexual

relations by force, threat or duress or engaging or threatening

to engage in sexual activity with a dependent child.

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

intimidation or acts designed to induce terror.

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

other necessities of life.

(6)  Restraining the liberty of another.

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

claimant by:

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

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

common;

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

with the claimant;

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

claimant; or

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

or engagement relationship.

Amend Bill, page 3, by inserting between lines 27 and 28

Section 4.  Section 402(b) of the act, October 22, 1981

(P.L.301, No.106), is amended and the section is amended by

adding a subsection to read:

Section 402.  Ineligibility for Compensation.--An employe

shall be ineligible for compensation for any week--

* * *

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

work without cause of a necessitous and compelling nature

attributable to his employment, irrespective of whether or not

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

That a voluntary leaving work because of a work-related 

disability if the employer is able to provide other suitable

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

compelling nature attributable to his employment: And provided

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

this subsection where the Federal Unemployment Tax Act requires

eligibility, and provided that no employe shall be deemed

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

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

time member of any of its reserve components, including the

Pennsylvania National Guard, and the employe is leaving

employment due to the reassignment of the military member to a

different geographical location: And provided further, That no

employe shall be deemed to be ineligible under this section for

voluntarily leaving work if the individual reasonably believes

that due to a domestic violence situation such individual's

continued employment would jeopardize the safety of the

individual. The domestic violence situation shall be verified by

reasonable and confidential documentation as the department may

require, to include a statement supporting the existence of

recent domestic violence from a qualified professional from whom

the individual has sought assistance, such as a counselor,

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

worker and any type of evidence that reasonably proves domestic

violence, but the department may not require an active or

recently issued protective or other order documenting domestic

violence, or a police record documenting recent domestic

violence, although a claimant may present such documentation as

evidence: 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 attributable to his

employment, 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):

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), 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).

* * *

Amend Bill, page 3, line 28, by striking out "4" and

inserting

 5

Amend Bill, page 6, line 10, by striking out "5" and

inserting

 6

Amend Bill, page 7, line 13, by striking out "6" and

inserting

 7

Amend Bill, page 7, line 26, by striking out "7" and

inserting

 8

Amend Bill, page 8, line 20, by striking out "8" and

inserting

 9

Amend Bill, page 9, by inserting between lines 1 and 2

(4)  The amendment of section 402(b) of the act shall

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

Amend Bill, page 9, line 2, by striking out "(4)" and

inserting

 (5)

Amend Bill, page 9, line 5, by striking out "(5)" and

inserting

 (6)

Amend Bill, page 9, line 9, by striking out "(6)" and

inserting

 (7)

Amend Bill, page 9, line 12, by striking out "(7)" and

inserting

 (8)

Amend Bill, page 9, line 15, by striking out "(8)" and

inserting

 (9)

Amend Bill, page 9, line 18, by striking out "9" and

inserting

 10