PRINTER'S NO. 943
No. 781 Session of 2005
INTRODUCED BY ARMSTRONG, BAKER, BALDWIN, BOYD, CALTAGIRONE,
CAPPELLI, CRAHALLA, CREIGHTON, ELLIS, FAIRCHILD, FLEAGLE,
FORCIER, GEIST, GILLESPIE, GINGRICH, GRELL, HARRIS, HERSHEY,
HICKERNELL, HUTCHINSON, KAUFFMAN, LEH, R. MILLER, S. MILLER,
MUSTIO, NICKOL, O'NEILL, PHILLIPS, PICKETT, PYLE, REICHLEY,
ROHRER, SAYLOR, SCAVELLO, SCHRODER, SEMMEL, B. SMITH,
STABACK, STERN, E. Z. TAYLOR, TRUE AND TURZAI, MARCH 14, 2005
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 14, 2005
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," further providing for
16 ineligibility for compensation.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 402(e) of the act of December 5, 1936
20 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
21 Compensation Law, amended August 24, 1953 (P.L.1397, No.396), is
22 amended to read:
1 Section 402. Ineligibility for Compensation.--An employe
2 shall be ineligible for compensation for any week--
3 * * *
4 (e) In which his unemployment is due to his discharge or
5 temporary suspension from work for willful misconduct connected
6 with his work, irrespective of whether or not such work is
7 "employment" as defined in this act[; and]. For purposes of this
8 subsection, the term "willful misconduct" shall include the
9 violation of any reasonable workplace rule or work-related
10 government regulation or law of which the employe was aware;
11 more than one day's absence that is not justified or not
12 reported in accordance with an employer's policy; the deliberate
13 damage to property of the employer or another employe or the
14 theft of an employer's or another employe's property; reporting
15 to work in possession of or under the influence of drugs or
16 alcohol; threatening a coworker or supervisor with physical harm
17 or threatening to harm the interests of the employer; disregard
18 of supervisor's reasonable directives or orders and acts of
19 negligence or an act of negligence which indicates substantial
20 disregard for employer's interests.
21 * * *
22 Section 2. This act shall take effect immediately.
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