PRINTER'S NO. 1122
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
885
Session of
2021
INTRODUCED BY MASTRIANO, HUTCHINSON, STEFANO AND J. WARD,
SEPTEMBER 28, 2021
REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 28, 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 vaccine.
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 vaccine.-- (a) An employe's refusal to
become vaccinated against COVID-19 shall not be considered
willful misconduct for the purposes of section 402(e).
(b) An employe's voluntary resignation from employment due
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to the employer requiring employes to become vaccinated against
COVID-19 as a condition of continued employment shall be
considered a cause of a necessitous and compelling nature for
the purposes of section 402(b) if the employer has not provided
the employe with suitable other work that would not require
vaccination against COVID-19.
(c) The following words and phrases when used in this
section shall have the meanings given to them in this subsection
unless context clearly indicates otherwise:
"COVID-19." The novel coronavirus as identified in the
Governor's Proclamation of Disaster Emergency issued on March 6,
2020, published at 50 Pa.B. 1644 (March 21, 2020).
Section 2. This act shall take effect in 60 days.
20210SB0885PN1122 - 2 -
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