H1446B1630A03443 SFR:MAC 02/05/24 #90 A03443
AMENDMENTS TO HOUSE BILL NO. 1446
Sponsor: REPRESENTATIVE R. MACKENZIE
Printer's No. 1630
Amend Bill, page 1, line 16, by striking out all of said line
and inserting
providing for eligibility related to domestic violence.
Amend Bill, page 1, lines 19 through 25; pages 2 and 3, lines
1 through 30; page 4, lines 1 through 11; by striking out all of
said lines on said pages and inserting
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
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.
2024/90SFR/HB1446A03443 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
(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 a self-affirmation under
subsection (b)(3) is otherwise eligible under section 401, the
individual shall be considered eligible, and the department
shall expedite a determination of eligibility under section 501.
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.
(e) If the department has reasonable cause to suspect that a
self-affirmation submitted under subsection (b)(3) included
false information, the department may require additional
documentation under subsection (b)(1), (2) or (4) to verify the
domestic violence situation when considering a redetermination
of eligibility.
(f) 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, unless the department determines that the domestic
violence situation is attributable to the employment with the
base year employer. Relief from charges shall be provided
without a request from the employer.
(g) Subject to subsection (c), if an employer will be
granted relief from charges without a request under subsection
(f), 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
groups when implementing the addition of 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.
2024/90SFR/HB1446A03443 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42