PRINTER'S NO. 3870
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2557
Session of
2020
INTRODUCED BY KAIL, SCHLEGEL CULVER, HILL-EVANS, JOZWIAK,
NEILSON, ROTHMAN, TOOHIL AND ZIMMERMAN, MAY 28, 2020
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 28, 2020
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act establishing a system of
unemployment compensation to be administered by the
Department of Labor and Industry and its existing and newly
created agencies with personnel (with certain exceptions)
selected on a civil service basis; requiring employers to
keep records and make reports, and certain employers to pay
contributions based on payrolls to provide moneys for the
payment of compensation to certain unemployed persons;
providing procedure and administrative details for the
determination, payment and collection of such contributions
and the payment of such compensation; providing for
cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," in emergency
provisions related to COVID-19, providing for grounds for
refusal of suitable work or voluntarily quitting work.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the Unemployment Compensation Law, is
amended by adding a section to read:
Section 1602.1. Grounds for refusal of suitable work or
voluntarily quitting work.
(a) General rule.--For claimants whose unemployment is
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related to COVID-19, only the following shall constitute good
cause for refusing otherwise suitable work under section 402(a)
or necessitous and compelling cause for quitting work under
section 402(b):
(1) The employee provides the employer with
documentation from a licensed health care provider that the
employee:
(i) has a medical condition that places the employee
at a substantially greater risk for serious medical
complications related to COVID-19; or
(ii) lives with or directly cares for an individual
who has a medical condition that places the individual at
a substantially greater risk for serious medical
complications related to COVID-19.
(2) The employer has failed to comply with Federal or
State workplace safety standards intended to mitigate the
spread of COVID-19 and the employer's failure was willful,
repeated or grossly negligent. The employee shall provide
documentation demonstrating the failure of the employer to
comply with applicable standards, including:
(i) evidence that the employee or another individual
informed the employer of the applicable standards and the
employer failed to take reasonable steps to comply with
the standards in good faith; or
(ii) evidence that the employer was cited for the
violation by a law enforcement official or any Federal or
State agency responsible for enforcing the applicable
standards.
(3) The employer retaliated or discriminated against the
employee for informing the employer of a failure to comply
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with Federal or State workplace safety standards intended to
mitigate the spread of COVID-19 or the employer retaliated or
discriminated against the employee for filing a complaint
with a law enforcement official or the appropriate Federal or
State agency with regard to the employer's failure to comply
with the applicable workplace safety standards.
(b) Nonapplicability.--Subsection (a)(1) shall not apply if:
(1) the employee's work does not require face-to-face
contact within 15 feet of another individual;
(2) the employee is able to work remotely; or
(3) the employer is able to offer suitable alternative
work that does not require face-to-face contact within 15
feet of another individual.
(c) Elements.--The following shall not constitute good cause
for refusing otherwise suitable work under section 402(a) or
necessitous and compelling cause for quitting work under section
402(b):
(1) The employee's general concern about the spread of
COVID-19, whether reasonable or not.
(2) A statement by the employee, which is unaccompanied
by documentation from a licensed health care provider, that
the employee:
(i) has a medical condition that places the employee
at substantially greater risk for serious medical
complications related to COVID-19; or
(ii) the employee lives with or directly cares for
an individual who has a medical condition that places the
individual at substantially greater risk for serious
medical complications related to COVID-19.
(3) The failure of the employer to comply with Federal
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or State workplace safety standards intended to mitigate the
spread of COVID-19, if the failure was not made known to the
employer by the employee, a law enforcement official, a
Federal or State agency responsible for enforcing the
applicable standard or any other person.
(4) The amount or duration of any extended or additional
unemployment benefits provided to assist workers affected by
COVID-19.
(d) Reinstatement.--Nothing in this section shall require an
employer to reinstate an employee who voluntarily quits or
refuses work, whether or not the employee is determined to be
eligible for benefits under this act, nor prohibit an employer
from filling the position of an employee who quit or refused
work.
(e) Expiration.--This section shall expire on the expiration
of this article or the expiration of the proclamation of
disaster emergency issued by the Governor on March 6, 2020,
published at 50 Pa.B. 1644 (March 21, 2020), or any renewal of
the state of disaster emergency, whichever is sooner.
Section 2. This act shall take effect immediately.
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