SB 176 — 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, providing for eligibility related to domestic violence.

PRINTER'S NO.    115

                        THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           SENATE BILL
                           No. 176
                                                  Session of
                                                    2025

     INTRODUCED BY ROBINSON, KANE, SAVAL, HAYWOOD, HUGHES, BARTOLOTTA
        AND TARTAGLIONE, JANUARY 24, 2025

     REFERRED TO LABOR AND INDUSTRY, JANUARY 24, 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      providing for eligibility related to domestic violence.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19         Section 1.    The act of December 5, 1936 (2nd Sp.Sess., 1937
20   P.L.2897, No.1), known as the Unemployment Compensation Law, is
21   amended by adding a section to read:
22         Section 402.7.    Eligibility Related to Domestic Violence.--
23   (a)    An employe shall not be deemed to be ineligible under
24   section 402(b) for voluntarily leaving employment or section
25   402(e) for failure to attend work if, due to a domestic violence
 1   situation, the individual's continued employment would
 2   jeopardize the safety of the individual or a member of the
 3   individual's family or household.
 4      (b)     Verification of a domestic violence situation may be
 5   provided on the initial application for benefits through any one
 6   of the following which documents recent domestic violence:
 7      (1)     An active or recently issued protective order or other
 8   order, court records, a police record, medical treatment
 9   records, social services records or child protective services
10   records.
11      (2)     A statement supporting the existence of recent domestic
12   violence from a qualified professional from whom the individual
13   has sought assistance, such as a counselor, shelter worker,
14   member of the clergy, attorney or health care worker, or a
15   similar statement from a friend or relative from whom the
16   individual has sought assistance.
17      (3)     A self-affirmation that the individual's continued
18   employment would jeopardize the safety of the individual or a
19   member of the individual's family or household due to the
20   domestic violence situation.
21      (4)     Any other type of evidence that reasonably proves
22   domestic violence.
23      (c)     The documentation of domestic violence shall remain
24   confidential, and the department may not disclose the existence
25   of a domestic violence situation in any notice provided to an
26   employer regarding the claim for compensation.
27      (d)     If an individual who submits documentation under
28   subsection (b) in a form acceptable to the department is
29   otherwise eligible under section 401, the individual shall be
30   considered eligible, and the department shall expedite a

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 1   determination of eligibility under section 501. An individual
 2   who submits a self-affirmation under subsection (b)(3) shall
 3   submit documentation of the domestic violence situation under
 4   subsection (b)(1), (2) or (4) to the department within one
 5   hundred twenty (120) days of the date of application. This
 6   subsection shall not be construed to prohibit redetermination of
 7   eligibility within eighteen (18) months of the application for
 8   benefits if the department receives information within eighteen
 9   (18) months of the application for benefits indicating that the
10   self-affirmation submitted under subsection (b)(3) included
11   false information or an individual fails to submit documentation
12   of the domestic violence situation under subsection (b)(1), (2)
13   or (4) within one hundred twenty (120) days of the date of
14   application.
15      (e)   The department shall grant relief from charges under
16   section 302.1 to base year employers for benefit charges related
17   to a claim that is determined eligible in accordance with this
18   section. Relief from charges shall be provided without a request
19   from the employer.
20      (f)   Subject to subsection (c), if an employer is granted
21   relief from charges without a request under subsection (e), the
22   department shall notify the employer that relief from charges
23   shall be granted without the need for the employer to submit a
24   request. Notice under this subsection may be included on the
25   eligibility determination provided to the employer or on other
26   relevant claim documentation delivered to the employer.
27      Section 2.   The Department of Labor and Industry shall
28   consult with the Office of Victim Advocate and relevant advocacy
29   groups when implementing section 402.7 of the act, including
30   updates to the application for unemployment compensation,

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1   updated notices to claimants and employers and the development
2   of any forms related to documentation of a domestic violence
3   situation.
4      Section 3.   This act shall take effect in six months.




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