PRINTER'S NO. 2565
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2199
Session of
2021
INTRODUCED BY PISCIOTTANO, T. DAVIS AND DELLOSO,
DECEMBER 22, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, DECEMBER 22, 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,
providing for COVID-19 base year adjustment for full-time
seasonal workers.
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 409. COVID-19 Base Year Adjustment for Full-Time
Seasonal Workers.--(a) Notwithstanding any other provision of
law, for a new claim filed for unemployment compensation between
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December 1, 2021, and December 1, 2022, a full-time seasonal
worker who fails to meet benefit eligibility based on the
worker's current base year of qualifying wages due to a COVID-19
pandemic-related extension for unemployment compensation, may
request an alternate base year of eligibility. The request shall
be granted if the department determines that the claimant meets
the requirements of subsection (b).
(b) A claimant filing a request under subsection (a) shall
be permitted to use the year directly preceding the year that
the claimant was unemployed as an alternative base year if the
claimant:
(1) Fails to meet financial eligibility requirements when
applying for unemployment compensation benefits under this
article.
(2) Is employed full-time in a seasonal occupation.
(3) Became unemployed for any of the following COVID-19-
related reasons:
(i) The claimant was diagnosed with COVID-19 or experienced
symptoms of COVID-19 and a medical diagnosis was sought.
(ii) A member of the claimant's household was diagnosed with
COVID-19.
(iii) The claimant was required to care for a family member
or member of the claimant's household who was diagnosed with
COVID-19.
(iv) The claimant was absent from work to care for a child
or other member of the claimant's household due to the closure
of a school or care-related facility related to the proclamation
of disaster emergency.
(v) The claimant was unable to report to work:
(A) due to the proclamation of disaster emergency, COVID-19
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stay-at-home order or mandatory quarantine; or
(B) after receiving advice from a healthcare provider to
self-isolate or quarantine due to exposure or suspected exposure
to an individual who tested positive for COVID-19.
(vi) The claimant was unable to start a new job due to an
inability to reach the workplace for a COVID-19-related reason.
(vii) The claimant was unable to report to work due to
assuming head-of-household duties as a result of a death of the
former head-of-household from COVID-19.
(viii) After being diagnosed with COVID-19, the claimant was
unable to perform the duties of the job resulting in loss of
employment.
(ix) Closure of the claimant's workplace due to the
proclamation of disaster emergency or another COVID-19-related
reason.
(x) The claimant was denied unemployment compensation
benefits after refusing to work at a workplace that is
noncompliant with Federal, State or local COVID-19 health and
safety measures, including wearing of facial masks, physical
distancing or the provision of personal protective equipment
consistent with public health safety guidelines.
(xi) The claimant had work hours reduced or was laid off for
reasons related to the proclamation of disaster emergency or a
COVID-19-related reason.
(c) For the purposes of this section, the following
definitions shall apply:
(1) "COVID-19" means the coronavirus disease 2019, an
infectious disease caused by severe acute respiratory syndrome
coronavirus 2 that was first identified during December 2019 in
Wuhan, China.
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(2) "Proclamation of disaster emergency" means the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency.
Section 2. This act shall take effect in 60 days.
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