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01/22/2021 07:50 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=23511
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: April 5, 2017 09:38 AM
From: Representative R. Lee James
To: All House members
Subject: Lengthening Time Periods for Unemployment Compensation Appeals
 
I am preparing to re-introduce legislation that would increase the periods of time allotted for parties to appeal the determination of an Unemployment Compensation (UC) Service Center and the decision of a UC referee.

With the recent downsizing of Joy Global, Inc., a major employer in my district, a number of my constituents found themselves unemployed. In some of these cases, where benefits were denied, newly unemployed workers found themselves unable to appeal, because they did not file an appeal within the 15-day period allotted in our statute. My legislation would simply increase the appeal periods to 21 days.

It is important to note that the lengths of time provided to file for appeals in UC cases apply to both claimants and employers, so this legislation would not create an unfair advantage for either party in a disputed UC case.

Under current law, a party has:
  • 15 days to appeal a determination of a UC Service Center to a UC referee.
  • 15 days to appeal a referee’s decision to the UC Board of Review

Again, my bill would simply make a neutral change to increase the appeal periods at 21 days.

I hope you will join me in cosponsoring this legislation.

NOTE: HB 2382 from the prior session would have increased these timeframes to 30 days each. After discussions with the Department of Labor and Industry, I agreed to change the appeal periods in my proposal to 21 days. This will help to ensure that additional biweekly payments (which could have to be recouped, if a decision is reversed) are not made to claimants during the extended appeals periods.

Prior Session Cosponsors: DAVIS, DRISCOLL, KINSEY, MILLARD, PICKETT, WARD, ROTHMAN, SCHWEYER AND NEILSON

View Attachment


Introduced as HB1597