PRIOR PRINTER'S NOS. 218, 374
PRINTER'S NO. 1026
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
274
Session of
2025
INTRODUCED BY DAWKINS, GROVE, SHUSTERMAN, HARKINS, HILL-EVANS,
MARCELL, KHAN, POWELL, VENKAT, DEASY, McNEILL, CARROLL,
FREEMAN, SCHLOSSBERG, GIRAL, MAYES, HOWARD, CERRATO, SANCHEZ,
KENYATTA, WARREN, HOHENSTEIN, BOYD AND K.HARRIS,
JANUARY 22, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 18, 2025
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 eligibility related to domestic violence.
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 402.7. Eligibility Related to Domestic Violence.--
(a) An employe shall not be deemed to be ineligible under
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section 402(b) for voluntarily leaving employment or section
402(e) for failure to attend work if, due to a domestic violence
situation, the individual's continued employment would
jeopardize the safety of the individual or a member of the
individual's family or household.
( b) Verification of a domestic violence situation may be
provided on the initial application for benefits through any one
of the following which documents recent domestic violence:
(1) An active or recently issued protective order or other
order, court records, a police record, medical treatment
records, social services records or child protective services
records.
(2) A statement supporting the existence of recent domestic
violence from a qualified professional from whom the individual
has sought assistance, such as a counselor, shelter worker,
member of the clergy, attorney or health care worker, or a
similar statement from a friend or relative from whom the
individual has sought assistance.
(3) A self-affirmation that the individual's continued
employment would jeopardize the safety of the individual or a
member of the individual's family or household due to the
domestic violence situation.
(4) Any other type of evidence that reasonably proves
domestic violence.
(c) The documentation of domestic violence shall remain
confidential, and the department may not disclose the existence
of a domestic violence situation in any notice provided to an
employer regarding the claim for compensation.
(d) If an individual who submits verification under
subsection (b) in a form acceptable to the department is
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otherwise eligible under section 401, the individual shall be
considered eligible, and the department shall expedite a
determination of eligibility under section 501. An individual
who submits a self-affirmation under subsection (b)(3) shall
submit documentation of the domestic violence situation under
subsection (b)(1), (2) or (4) to the department within one
hundred twenty (120) FIFTY (150) days of the date of
application. This subsection shall not be construed to prohibit
redetermination of eligibility within eighteen (18) months of
the application for benefits if the department receives
information within eighteen (18) months of the application for
benefits indicating that the self-affirmation submitted under
subsection (b)(3) included false information or an individual
fails to submit documentation of the domestic violence situation
under subsection (b)(1), (2) or (4) within one hundred twenty
(120) FIFTY (150) days of the date of application.
(e) The department shall grant relief from charges under
section 302.1 to base year employers for benefit charges related
to a claim that is determined eligible in accordance with this
section. Relief from charges shall be provided without a request
from the employer.
(f) Subject to subsection (c), if an employer is granted
relief from charges without a request under subsection (e), the
department shall notify the employer that relief from charges
shall be granted without the need for the employer to submit a
request. Notice under this subsection may be included on the
eligibility determination provided to the employer or on other
relevant claim documentation delivered to the employer.
Section 2. The Department of Labor and Industry shall
consult with the Office of Victim Advocate and relevant advocacy
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groups when implementing section 402.7 of the act, including
updates to the application for unemployment compensation,
updated notices to claimants and employers and the development
of any forms related to documentation of a domestic violence
situation.
Section 3. This act shall take effect in six months.
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