1Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2P.L.2897, No.1), entitled "An act establishing a system of
3unemployment compensation to be administered by the
4Department of Labor and Industry and its existing and newly
5created agencies with personnel (with certain exceptions)
6selected on a civil service basis; requiring employers to
7keep records and make reports, and certain employers to pay
8contributions based on payrolls to provide moneys for the
9payment of compensation to certain unemployed persons;
10providing procedure and administrative details for the
11determination, payment and collection of such contributions
12and the payment of such compensation; providing for
13cooperation with the Federal Government and its agencies;
14creating certain special funds in the custody of the State
15Treasurer; and prescribing penalties," further providing for
16definitions, for relief from charges and for ineligibility
17for compensation; and providing for applicability.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Section 4 of the act of December 5, 1936 (2nd Sp.
21Sess., 1937 P.L.2897, No.1), known as the Unemployment
22Compensation Law, is amended by adding definitions to read:

1Section 4. Definitions.--The following words and phrases, as
2used in this act, shall have the following meanings, unless the
3context clearly requires otherwise.

4* * *

5(z.8) "Abuse" means one or more of the following:

6(1) Attempting to cause or causing physical harm.

7(2) Placing another in fear of imminent serious physical
8harm.

9(3) Causing another to engage involuntarily in sexual
10relations by force, threat or duress or engaging or threatening
11to engage in sexual activity with a dependent child.

12(4) Engaging in mental abuse, which includes threats,
13intimidation or acts designed to induce terror.

14(5) Depriving another of medical care, housing, food or
15other necessities of life.

16(6) Restraining the liberty of another.

17(z.9) "Domestic violence" means abuse committed against a
18claimant by:

19(1) a current or former spouse of the claimant;

20(2) an individual with whom the claimant shares a child in
21common;

22(3) an individual who is cohabiting with or has cohabited
23with the claimant;

24(4) an individual who is related by blood or marriage to the
25claimant; or

26(5) an individual with whom the claimant has or had a dating
27or engagement relationship.

28Section 1.1. Section 302.1(a)(1) and (c)(1) of the act,
29added June 17, 2011 (P.L.16, No.6), are amended to read:

30Section 302.1. Relief from Charges.--Notwithstanding any

1other provisions of this act assigning charges for compensation
2paid to employes, the department shall relieve an employer of
3charges for compensation in accordance with this section and
4section 213 of this act.

5(a) Circumstances allowing relief:

6(1) If an individual was separated from his most recent work
7for an employer due to being discharged for willful misconduct
8connected with that work, or due to his leaving that work
9without good cause attributable to his employment, or due to his
10being separated from such work under conditions which would
11result in disqualification for benefits under the provisions of
12section 3 or 402(e.1) and (e.2) of this act, the employer shall
13be relieved of charges for compensation paid to the individual
14with respect to any week of unemployment occurring subsequent to
15such separation. Relief from charges under this paragraph
16terminates if the employe returns to work for the employer.

17* * *

18(c) Relief from charges without a request:

19(1) If a claimant is determined ineligible for benefits 
20under section 3 or 402(b), (e) [or], (e.1) or (e.2) of this act 
21pursuant to a notice of determination that has become final, the 
22department shall grant relief from charges in accordance with 
23subsection (a)(1) to the employer from whom the claimant was 
24separated, beginning with the earliest week for which the 
25claimant is eligible for benefits following the week or weeks 
26governed by the notice of determination.

27* * *

28Section 2. Section 402(b) of the act, amended October 22,
291981 (P.L.301, No.106), is amended and the section is amended by
30adding a subsection to read:

1Section 402. Ineligibility for Compensation.--An employe
2shall be ineligible for compensation for any week--

3* * *

4(b) In which his unemployment is due to voluntarily leaving 
5work without cause of a necessitous and compelling nature 
6attributable to his employment, irrespective of whether or not 
7such work is in "employment" as defined in this act: Provided, 
8That a voluntary leaving work because of a work-related 
9disability if the employer is able to provide other suitable 
10work, shall be deemed not a cause of a necessitous and 
11compelling nature attributable to his employment: And provided 
12further, That no employe shall be deemed to be ineligible under 
13this subsection where the Federal Unemployment Tax Act requires 
14eligibility, and provided that no employe shall be deemed 
15ineligible under this subsection if the employe is a spouse of a 
16full-time member of the United States Armed Forces or a full-
17time member of any of its reserve components, including the 
18Pennsylvania National Guard, and the employe is leaving 
19employment due to the reassignment of the military member to a 
20different geographical location: And provided further, That no 
21employe shall be deemed to be ineligible under this section for 
22voluntarily leaving work if the individual reasonably believes 
23that due to a domestic violence situation such individual's 
24continued employment would jeopardize the safety of the 
25individual. The domestic violence situation shall be verified by 
26reasonable and confidential documentation as the department may 
27require, to include a statement supporting the existence of 
28recent domestic violence from a qualified professional from whom 
29the individual has sought assistance, such as a counselor, 
30shelter worker, member of the clergy, attorney or health care 

1worker and any type of evidence that reasonably proves domestic 
2violence, but the department may not require an active or 
3recently issued protective or other order documenting domestic 
4violence, or a police record documenting recent domestic 
5violence, although a claimant may present such documentation as 
6evidence: And provided further, That no employe shall be deemed 
7to be ineligible under this subsection where as a condition of 
8continuing in employment such employe would be required to join 
9or remain a member of a company union or to resign from or 
10refrain from joining any bona fide labor organization, or to 
11accept wages, hours or conditions of employment not desired by a 
12majority of the employes in the establishment or the occupation, 
13or would be denied the right of collective bargaining under 
14generally prevailing conditions, and that in determining whether 
15or not an employe has left his work voluntarily without cause of 
16a necessitous and compelling nature attributable to his 
17employment, the department shall give consideration to the same 
18factors, insofar as they are applicable, provided, with respect 
19to the determination of suitable work under section four (t): 
20And provided further, That the provisions of this subsection 
21shall not apply in the event of a stoppage of work which exists 
22because of a labor dispute within the meaning of subsection (d). 
23Provided further, That no otherwise eligible claimant shall be 
24denied benefits for any week in which his unemployment is due to 
25exercising the option of accepting a layoff, from an available 
26position pursuant to a labor-management contract agreement, or 
27pursuant to an established employer plan, program or policy: 
28Provided further, That a claimant shall not be disqualified for 
29voluntarily leaving work, which is not suitable employment to 
30enter training approved under section 236(a)(1) of the Trade Act 

1of 1974. For purposes of this subsection the term "suitable 
2employment" means with respect to a claimant, work of a 
3substantially equal or higher skill level than the claimant's 
4past "adversely affected employment" (as defined in section 247 
5of the Trade Act of 1974), and wages for such work at not less 
6than eighty per centum of the worker's "average weekly wage" (as 
7defined in section 247 of the Trade Act of 1974).

8* * *

9(e.2) In which his unemployment is due to discharge or
10temporary suspension from work for any of the following reasons:

11(1) Failure to obey any reasonable workplace rule or work-
12related government regulation or law of which the employe was
13aware.

14(2) The deliberate damage to property of the employer or
15another employe or the theft of an employer's or another
16employe's property.

17(3) Reporting to work under the influence of alcohol or
18illegal drugs or consuming alcohol or using illegal drugs while
19at work.

20(4) Threatening a coworker or supervisor with physical harm
21or threatening to harm the interests of the employer.

22(5) Disregard of a supervisor's reasonable directives or
23orders or acts of negligence which indicate substantial
24disregard for the employer's interests.

25(6) Failure to maintain a valid license or certificate that
26has been issued by a Federal or Commonwealth agency or political
27subdivision and which is a requirement of employment, unless
28such failure was for reasons beyond the control of the employe.

29(7) Failure to provide good cause for being absent from work
30on two or more occasions or failure to report in a proper manner

1under the employer's policy for absences from work on two or
2more occasions.

3* * *

4Section 3. The amendment of section 402(b) of the act shall
5apply to initial claims filed on or after January 1, 2014.

6Section 4. This act shall take effect immediately.