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Pennsylvania Code



Subchapter B. PREREQUISITES FOR ELIGIBILITY


ACTIVE SEARCH FOR WORK

Sec.


65.11.    Active search for work.
65.12.    [Reserved].
65.13.    [Reserved].
65.14.    Additional information.
65.15.    [Reserved].

OFFERS OF SUITABLE WORK


65.21.    [Reserved].
65.22.    Applicable rules.

ACTIVE SEARCH FOR WORK


Notes of Decisions

   Disqualification

   A claimant may be disqualified from receiving compensation only for those amounts overpaid during those weeks in which the claimant’s failure to disclose income from part-time employment affected the amount of her benefits. Schaeffer v. Unemployment Compensation Board of Review, 467 A.2d 67 (Pa. Cmwlth. 1983).

§ 65.11. Active search for work.

 (a)  Definitions. For purposes of this section and section 401(b) of the law (43 P. S. §  801(b)), the following words and phrases have the following meanings, unless the context clearly indicates otherwise:

 Employment service—The state employment service established under 20 CFR Part 652 (relating to establishment and functioning of state employment services).

 Pennsylvania CareerLink® system—The system of offices, personnel and resources, including the Commonwealth Workforce Development System or successor electronic resources, through which the Department provides services under the Wagner-Peyser Act (29 U.S.C.A. § §  49—49l-2) and the Workforce Investment Act of 1998 (29 U.S.C.A. § §  2801—2945) or similar or successor statutes.

 Register for employment search services—Provide information regarding education, work history and qualifications and other information required by the Department that is relevant to receipt of employment search services.

 Similar positions—Positions that offer employment and wages similar to those the claimant had prior to his unemployment and which are within a 45-minute commuting distance.

 (b)  Initial procedures. When a claimant files an application for benefits in accordance with §  65.41 (relating to filing methods), the Department will:

   (1)  Provide instructions to the claimant regarding the process to register for employment search services and post a resume in the Pennsylvania CareerLink® system.

   (2)  Advise the claimant of services provided by the Department and the Pennsylvania CareerLink® system.

   (3)  Provide a copy of the recommended work search record form to the claimant and advise the claimant that the form is available on the Department’s web site.

 (c)  Work registration. A claimant shall register for employment search services in the Pennsylvania CareerLink® system within 30 days after the claimant files his application for benefits. See section 401(b)(1)(i) of the law. If a claimant does not register for employment search services in the Pennsylvania CareerLink® system within 30 days after the claimant files his application for benefits, the claimant will be ineligible for compensation for any week that ends more than 30 days after the claimant files his application for benefits unless the claimant registers by Sunday of that week.

 (d)  Weekly requirements. To be eligible for compensation for the third week of the benefit year for which a claim for compensation is filed and each week thereafter for which a claim for compensation is filed, a claimant shall do the following:

   (1)  Engage in work search activities during the week in accordance with subsections (e) and (f).

   (2)  Complete the recommended work search record form for the week or create a record of his work search activities during the week that contains the same information that would be required to complete the recommended form.

   (3)  Retain the record for 2 years from the effective date of the application for benefits.

   (4)  Produce the record for the Department’s review at the times and in a manner as required by the Department.

 (e)  Weekly work search activities.

   (1)  A claimant shall apply for at least two positions during the week as follows:

     (i)   The claimant may limit his applications to similar positions. See section 401(b)(1)(iii) of the law. If a claimant chooses to limit his applications to similar positions and as a result of that limitation the claimant determines that he would be unable to apply for at least two positions during the week, the claimant shall do one or a combination of the following:

       (A)   The claimant shall apply for positions that would provide suitable work under section 4(t) of the law (43 P. S. §  753(t)) in order to apply for at least two positions during the week.

       (B)   The claimant shall engage in a work search activity in paragraph (4) instead of an application for a position so that the combined number of applications and work search activities during the week is at least two, determined before the application of paragraph (4).

     (ii)   The claimant may apply for positions that would provide suitable work under section 4(t) of the law.

   (2)  For purposes of paragraph (1), a claimant may apply for a position in the following ways:

     (i)   In person.

     (ii)   By mail, phone or electronic transmission.

     (iii)   By submitting a job application or resume to the employer.

     (iv)   By following a hiring procedure established by the employer.

   (3)  A repeated application for the same position does not satisfy the requirements of paragraph (1) unless there is a reasonable basis to believe that the employer’s hiring circumstances have changed.

   (4)  In addition to the requirements of paragraph (1), the claimant shall do at least one of the following during the week:

     (i)   Attend a job fair.

     (ii)   Search positions posted on the Pennsylvania CareerLink® system or Internet job banks.

     (iii)   Post a resume in the Pennsylvania CareerLink® system or other resume posting service.

     (iv)   Contact colleagues, former coworkers or other individuals in similar professions or occupations to make known the claimant’s availability for employment or obtain information about available positions, prospective employers or other employment opportunities.

     (v)   Utilize an employment agency, employment registry or school placement service.

     (vi)   Take a civil service test or other pre-employment test.

 (vii)  Participate in a program or activity offered through the Pennsylvania CareerLink® system.

   (5)  If a claimant applies for more than the minimum number of positions under paragraph (1), the additional application may substitute for a work search activity under paragraph (4).

 (f)  Alternative requirements and waiver.

   (1)  Work search activities under subsection (e) are not required for a week if any of the following apply:

     (i)   The claimant meets all of the following:

       (A)   Is a member of a union that has a hiring hall or the claimant is registered with a hiring hall.

       (B)   Is required to obtain employment through the hiring hall.

       (C)   Fulfills the requirements to maintain eligibility for referral by the hiring hall during the week.

     (ii)   The claimant actively participates during the week in a program or activity approved by the Department as an acceptable work search alternative.

   (2)  If a claimant works part time during a week and earns in excess of the claimant’s partial benefit credit as defined in section 4(m.3) of the law, the following apply:

     (i)   The claimant shall satisfy the requirements of subsection (e)(1) by applying for one position during the week.

     (ii)   The claimant will not be required to satisfy the requirements of subsection (e)(4) during the week.

   (3)  If a claimant is interviewed for a position by an employer or an employer representative, the interview may substitute for an application for a position for purposes of subsection (e)(1) or may substitute for a work search activity for purposes of subsection (e)(4) for the week in which the interview occurs.

   (4)  For purposes of subsection (c), if a claimant’s labor market is located outside of this Commonwealth the claimant shall register for employment search services with the employment service that serves the claimant’s labor market.

   (5)  Notwithstanding any other provision of this section, the Department may determine that a claimant has satisfied the requirements of section 401(b) of the law if the claimant’s work search efforts include actions comparable to traditional actions in the claimant’s trade or occupation by which jobs have been found by others in the community and labor market in which the claimant is seeking employment. See section 401(b)(3) of the law.

   (6)  The Department may waive or alter the requirements of this section or section 401(b) of the law in cases or situations with respect to which the Secretary finds that compliance with these requirements would be oppressive or which would be inconsistent with the purposes of the law. See section 401(b)(6) of the law. A claimant may submit a request to the Department to waive or alter the requirements of this section or section 401(b) of the law. The claimant may complete and submit the recommended waiver request form available on the Department’s web site or submit a written request that contains the same information that would be required to complete the recommended form.

 (g)  Applicability.

   (1)  This section does not apply:

     (i)   As provided in section 401(b)(4) and (5) of the law.

     (ii)   To a week in which a claimant is in training with the approval of the Secretary.

     (iii)   To a week in which a claimant is participating in a work sharing plan under Article XIII of the law (43 P. S. § §  916.1—916.13).

   (2)  For purposes of section 401(b)(5) of the law:

     (i)   A claimant is advised by the employer of the date on which he will return to work only if both of the following conditions are satisfied:

       (A)   The employer designates a specific recall date and notifies the claimant of the recall date in writing.

       (B)   The employer’s designation of a recall date is bona fide.

     (ii)   Section 401(b)(5) of the law does not apply to a week following the week in which either of the following occur:

       (A)   The designated recall date is rescinded by the employer or is rescinded in fact.

       (B)   The designated recall date has passed.

   (3)  The requirement in section 401(b)(1)(ii) of the law does not apply to a claimant who is seeking work in an employment sector in which resumes are not commonly used.

 (h)  Extended benefits. For purposes of extended benefits under Article IV-A of the law (43 P. S. § §  811—818), if the eligibility requirements for extended benefits include work search requirements in addition to the requirements of section 401(b) of the law and this section, the claimant also shall satisfy the additional work search requirements applicable to extended benefits.

Authority

   The provisions of this §  65.11 amended under sections 201(a) and 401(b) of the Unemployment Compensation Law (43 P.S. § §  761(a) and 801(b)).

Source

   The provisions of this §  65.11 adopted July 1, 1969; amended February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848; amended August 16, 2013, effective August 17, 2013, 43 Pa.B. 4730; amended June 4, 2021, effective June 5, 2021, 51 Pa.B. 3099. Immediately preceding text appears at serial pages (368134) to (368137).

§ 65.12. [Reserved].


Source

   The provisions of this §  65.12 adopted July 1, 1969; reserved February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial page (209595).

§ 65.13. [Reserved].


Source

   The provisions of this §  65.13 adopted July 1, 1969; amended September 27, 1974, effective September 28, 1974, 4 Pa.B. 2077; amended July 25, 1975, effective July 26, 1975, 5 Pa.B. 1920; reserved February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial pages (209595) to (209596).

§ 65.14. Additional information.

 A claimant shall provide all information required by the Department to facilitate reemployment, including the claimant’s work history, education and receipt of employment services.

Source

   The provisions of this §  65.14 adopted July 1, 1969; amended February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial page (209596).

§ 65.15. [Reserved].


Source

   The provisions of this §  65.15 adopted July 1, 1969; reserved February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial pages (209596) and (259497).

OFFERS OF SUITABLE WORK


§ 65.21. [Reserved].


Source

   The provisions of this §  65.21 adopted July 1, 1969; amended December 20, 1974, effective December 21, 1974, 4 Pa.B. 2567; amended February 11, 2011, effective February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial page (259497).

Notes of Decisions

   Good Cause

   When the employe of a temporary employment agency did not report for her assigned work because she mistakenly believed that the assigned work had been cancelled, she did not have ‘‘good cause’’ for not reporting where she did not call the employment agency to make sure that the assignment had indeed been cancelled. MacDonald v. Unemployment Compensation Board of Review, 333 A.2d 199 (Pa. Cmwlth. 1975).

   Notification by Employer

   It is error to grant compensation to an applicant merely because an employer did not properly notify the Bureau of an employe’s failure to accept a work assignment. MacDonald v. Unemployment Compensation Board of Review, 333 A.2d 199 (Pa. Cmwlth. 1975).

   After the Board determines that an offer of suitable employment was refused, it is without authority, absent a showing of prejudice, to grant compensation merely because the form of the notice of an offer of work by a claimant’s prior employer was defective. General Motors Corp. v. Unemployment Compensation Board of Review, 322 A.2d 762 (Pa. Cmwlth. 1974).

§ 65.22. Applicable rules.

 (a)  With respect to offers of suitable work made by an employer, the following rules apply:

   (1)  A work offer may be considered as suitable irrespective of whether the work is in employment as defined in sections 4 and 402(a) of the law (43 P. S. § §  753 and 802(a)).

   (2)  The employer shall give notice of the offer to the UC Office at which the employee has filed or may file an application for benefits.

   (3)  The offer to the employee may be in writing in which case a carbon copy or an exact duplicate shall be furnished to the UC Office within 7 working days after the mailing of the offer. If the employer’s offer is not made in writing, as, for example, where it is made by telephone, the employer shall provide the UC Office with a detailed written description of the offer within 7 working days after the making thereof. Regardless of the manner in which the offer is communicated to the employer, shall include in the offer all of the following:

     (i)   The rate of pay and unit of work or period of time which the rate represents.

     (ii)   The scheduled working hours during each day of the week.

     (iii)   The location of the work.

     (iv)   A description of the duties or a generally recognized term covering the duties.

     (v)   Any unusual requirement or condition of work.

 (b)  When the employer who makes the offer has employed the employee after the beginning of the employee’s base year and, in the offer of employment to the employee, states that the conditions of the job are substantially the same as those under which the employee last worked for the employer, the requirements enumerated in subsection (a) are not required to be included.

 (c)  If the job offered the employee is covered under a labor-management agreement and a statement to this effect is made in the offer of employment, no further description is required.

 (d)  Before issuing a decision on a claim for benefits, the Department will determine on the basis of facts whether the work offer was suitable within the meaning of section 4(t) of the law (43 P. S. §  753(t)).

Source

   The provisions of this §  65.22 adopted July 1, 1969; amended December 20, 1974, effective December 21, 1974, 4 Pa.B. 2567; amended February 11, 2011, effective February 12, 2011, applies to an offer of work made on or after February 12, 2011, 41 Pa.b. 848. Immediately preceding text appears at serial pages (259497) to (259498).

Notes of Decisions

   Work Offer

   It is error to grant compensation to an applicant merely because an employer did not properly notify the Bureau of the failure of an employe to accept a work assignment. MacDonald v. Unemployment Compensation Board of Review, 333 A.2d 199 (Pa. Cmwlth. 1975).

   After the Board determines that an offer of suitable employment was refused, it is without authority, absent a showing of prejudice, to grant compensation merely because the form of the notice of an offer of work by a claimant’s prior employer was defective. General Motors Corp. v. Unemployment Compensation Board of Review, 322 A.2d 762 (Pa. Cmwlth. 1974).



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