HB 145 — An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, in compensation, further providing for ineligibility for compensation.

PRINTER'S NO.    2228

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 145
                                               Session of
                                                 2025

     INTRODUCED BY KRAJEWSKI, FIEDLER, RABB, WAXMAN, BRENNAN, GREEN,
        SANCHEZ, PROBST, McNEILL, GIRAL, D. WILLIAMS, PIELLI,
        KENYATTA, HILL-EVANS, SCHLOSSBERG, RIVERA, MAYES, O'MARA,
        KHAN, NEILSON AND CURRY, AUGUST 19, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 19, 2025


                                    AN ACT
 1   Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
 2      P.L.2897, No.1), entitled "An act establishing a system of
 3      unemployment compensation to be administered by the
 4      Department of Labor and Industry and its existing and newly
 5      created agencies with personnel (with certain exceptions)
 6      selected on a civil service basis; requiring employers to
 7      keep records and make reports, and certain employers to pay
 8      contributions based on payrolls to provide moneys for the
 9      payment of compensation to certain unemployed persons;
10      providing procedure and administrative details for the
11      determination, payment and collection of such contributions
12      and the payment of such compensation; providing for
13      cooperation with the Federal Government and its agencies;
14      creating certain special funds in the custody of the State
15      Treasurer; and prescribing penalties," in compensation,
16      further providing for ineligibility for compensation.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    Section 402(b) and (d) of the act of December 5,
20   1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
21   Unemployment Compensation Law, are amended to read:
22      Section 402.    Ineligibility for Compensation.--An employe
23   shall be ineligible for compensation for any week--
24      * * *
 1      (b)   In which his unemployment is due to voluntarily leaving
 2   work without cause of a necessitous and compelling nature,
 3   irrespective of whether or not such work is in "employment" as
 4   defined in this act: Provided, That a voluntary leaving work
 5   because of a disability if the employer is able to provide other
 6   suitable work, shall be deemed not a cause of a necessitous and
 7   compelling nature: And provided further, That no employe shall
 8   be deemed to be ineligible under this subsection where as a
 9   condition of continuing in employment such employe would be
10   required to join or remain a member of a company union or to
11   resign from or refrain from joining any bona fide labor
12   organization, or to accept wages, hours or conditions of
13   employment not desired by a majority of the employes in the
14   establishment or the occupation, or would be denied the right of
15   collective bargaining under generally prevailing conditions, and
16   that in determining whether or not an employe has left his work
17   voluntarily without cause of a necessitous and compelling
18   nature, the department shall give consideration to the same
19   factors, insofar as they are applicable, provided, with respect
20   to the determination of suitable work under section four (t):
21   [And provided further, That the provisions of this subsection
22   shall not apply in the event of a stoppage of work which exists
23   because of a labor dispute within the meaning of subsection
24   (d).] Provided further, That no otherwise eligible claimant
25   shall be denied benefits for any week in which his unemployment
26   is due to exercising the option of accepting a layoff, from an
27   available position pursuant to a labor-management contract
28   agreement, or pursuant to an established employer plan, program
29   or policy: Provided further, That a claimant shall not be
30   disqualified for voluntarily leaving work, which is not suitable

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 1   employment to enter training approved under section 236(a)(1) of
 2   the Trade Act of 1974: Provided further, That a claimant shall
 3   not be disqualified for voluntarily leaving work if the claimant
 4   left such work to accompany a spouse who is on active duty with
 5   the United States Armed Forces and is required to relocate due
 6   to permanent change of station orders, activation orders or unit
 7   deployment orders and such relocation would make it impractical
 8   or unreasonably difficult, as determined by the department, for
 9   the claimant to continue employment with the claimant's
10   employer[.]: Provided further, That an employe who is
11   unemployed, either in whole or in part, due to a work stoppage
12   shall not be considered to have voluntarily left work for
13   purposes of this act. For purposes of this subsection the term
14   "suitable employment" means with respect to a claimant, work of
15   a substantially equal or higher skill level than the claimant's
16   past "adversely affected employment" (as defined in section 247
17   of the Trade Act of 1974), and wages for such work at not less
18   than eighty per centum of the worker's "average weekly wage" (as
19   defined in section 247 of the Trade Act of 1974).
20      * * *
21      [(d)    In which his unemployment is due to a stoppage of work,
22   which exists because of a labor dispute (other than a lock-out)
23   at the factory, establishment or other premises at which he is
24   or was last employed: Provided, That this subsection shall not
25   apply if it is shown that (1) he is not participating in, or
26   directly interested in, the labor dispute which caused the
27   stoppage of work, and (2) he is not a member of an organization
28   which is participating in, or directly interested in, the labor
29   dispute which caused the stoppage of work, and (3) he does not
30   belong to a grade or class of workers of which, immediately

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1   before the commencement of the stoppage, there were members
2   employed at the premises at which the stoppage occurs, any of
3   whom are participating in, or directly interested in, the
4   dispute.]
5      * * *
6      Section 2.   This act shall take effect immediately.




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