PRINTER'S NO. 762
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
689
Session of
2021
INTRODUCED BY BAKER, BARTOLOTTA, GORDNER, MARTIN, ARGALL,
LAUGHLIN, PHILLIPS-HILL, BOSCOLA, HUTCHINSON, YUDICHAK, YAW,
STEFANO AND MENSCH, MAY 14, 2021
REFERRED TO LABOR AND INDUSTRY, MAY 14, 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) 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
is or becomes unemployed, and who--
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(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:
(i) Registration by a claimant for employment search
services offered by the Pennsylvania CareerLink system or its
successor agency within thirty (30) days after initial
application for benefits.
(ii) Posting a resume on the system's database, unless the
claimant is seeking work in an employment sector in which
resumes are not commonly used.
(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.
(2) The Pennsylvania CareerLink system or its successor
agency shall provide documentation, on a quarterly basis or more
frequently, as the secretary deems appropriate, to the
Pennsylvania Unemployment Compensation Service Center system so
the system can conduct the necessary cross reference checks.
(3) For the purposes of paragraph (1), the department may
determine that a claimant has made an active search for suitable
work if the claimant's efforts include actions comparable to
those traditional actions in their trade or occupation by which
jobs have been found by others in the community and labor market
in which the claimant is seeking employment.
(4) The requirements of this subsection do not apply to any
week in which the claimant is in training approved under section
236(a)(1) of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C.
§ 2101 et seq.) or any week in which the claimant is required to
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participate in reemployment services under section 402(j) of
this act.
(5) The requirements of this subsection shall not apply to a
claimant who is laid off for lack of work and advised by the
employer of the date on which the claimant will return to work.
(6) [The] Subject to paragraph (7), the department may waive
or alter the requirements of this subsection in cases or
situations with respect to which the secretary finds that
compliance with such requirements would be oppressive or which
would be inconsistent with the purposes of this act.
(7) (i) Neither the department under paragraph (6) or other
provisions of this act nor the Governor under 35 Pa.C.S. § 7301
(relating to general authority of Governor) or other law may, as
a result of COVID-19, waive or alter the requirements of this
subsection as to any case or situation beyond June 30, 2021. Any
action taken by the department or Governor in contravention of
this paragraph shall be void and of no effect. This paragraph
shall apply regardless of whether the action taken by the
department or Governor occurred prior to, on or after the
effective date of this paragraph.
(ii) As used in this paragraph, the term "COVID-19" means
the novel coronavirus as identified in the Governor's
proclamation of disaster emergency issued on March 6, 2020,
published at 50 P a.B. 1 644 (March 21, 2020).
* * *
Section 2. This act shall take effect immediately.
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