PRIOR PRINTER'S NOS. 2063, 2204
PRINTER'S NO. 2244
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1819
Session of
2021
INTRODUCED BY LABS, R. BROWN, GROVE, HAMM, MENTZER, MILLARD,
MOUL, POLINCHOCK, ROAE, RYAN, SCHROEDER, STAATS, STAMBAUGH,
THOMAS, TOMLINSON, TOPPER, ZIMMERMAN, MERCURI, JONES, FARRY,
COX AND ROWE, AUGUST 31, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 6, 2021
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 compensation,
further providing for qualifications required to secure
compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 401(b)(1)(iii) of the act of December 5,
1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law, is amended to read:
Section 401. Qualifications Required to Secure
Compensation.--Compensation shall be payable to any employe who
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
is or becomes unemployed, and who--
* * *
(b) (1) Is making an active search for suitable employment.
The requirements for "active search" shall be established by the
department and shall include, at a minimum, all of the
following:
* * *
(iii) Applying for positions that offer employment and wages
similar to those the claimant had prior to his unemployment and
which are within a forty-five (45) minute commuting distance.
The following apply:
(A) A claimant shall make a good-faith effort to obtain
employment in suitable work. A claimant who has applied for a
position may not take any action to unreasonably discourage the
claimant's own hire in suitable work , including any of the
following:
(I) Refusing to attend or failing to participate , WITHOUT
GOOD CAUSE, in a job interview or other applicant selection
activity offered by the employer without good cause .
(II) Refusing employment or a referral for employment,
without good cause, prior to an interview or a discussion of the
details of a job with the employer.
(B) Within 90 days of the effective date of this
subparagraph, the department shall create forms or update
existing forms to enable employers to report claimants who
discourage their own hire, as provided in this subclause. The
forms shall include notice of the provisions of section 802.
(C) A claimant who unreasonably discourages the claimant's
own hire in suitable work shall be considered to have refused an
offer of work for purposes of section 402(a).
20210HB1819PN2244 - 2 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
Section 2. This act shall take effect immediately.
20210HB1819PN2244 - 3 -
1
2