Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter C - APPLICATION PROCEDURE › APPLICATION FOR BENEFITS AND CLAIMS FOR COMPENSATION › Section 65.43a - Extended filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For a week
						in which a claimant was employed less than his full time work, the claimant
						shall file a claim for compensation not later than the last day of the second
						week after the employer paid wages for that week. If the earliest week for
						which a claim for compensation is filed in accordance with this subsection
						precedes the week in which the claimant's application for benefits is filed or
						deemed filed, as determined without regard to this subsection, the Department
						will deem the application to be filed during the earliest week for which a
						claim is filed.
(b) If a
						determination regarding the eligibility of claimants under section 402(d) of
						the law (43 P. S. §
													802(d)) is issued, similarly
						situated claimants shall file claims for compensation for weeks during the work
						stoppage not later than the last day of the 6th week after the determination
						becomes final. If the earliest week for which a claim for compensation is filed
						in accordance with this subsection precedes the week in which the claimant's
						application for benefits is filed or deemed filed, as determined without regard
						to this subsection, the Department will deem the application to be filed during
						the earliest week for which a claim is filed.
(c) The Department will deem an application
						for benefits to be filed prior to the week in which it actually is filed if the
						claimant did not file the application earlier for a reason listed in subsection
						(e). The Department will deem the application to be filed during the week that
						precedes the week of actual filing by the number of weeks indicated in
						subsection (e).
(d) If a claimant
						fails to file a claim for compensation within the time allowed in subsection
						(a) or (b) or §
												65.43 (relating to claims for
						compensation-when to file), for a reason listed in subsection (e), the time for
						filing the claim is extended for the number of weeks indicated in subsection
						(e).
(e) For purposes of
						subsections (c) and (d) the number of weeks is determined as follows:
Reason
Number
									 of weeks
The Department suspends accepting filings or is
									 unable to handle all filings, due to an excessive volume of telephone calls or
									 other reasons.
6
The claimant attempts to file by telephone,
									 Internet or fax transmission in accordance with §
																	65.41 (relating to filing
									 methods), the method used to attempt to file is unavailable or malfunctions,
									 and the attempt to file occurs on the last day that the claimant could timely
									 file by the method used
2
A UC Office fails to accept a filing as a
									 result of error or mistake by the Department.
52
Sickness or death of a member of the claimant's
									 immediate family or an act of God.
2
Other, if the claimant makes all reasonable and
									 good faith efforts to file timely but is unable to do so through no fault of
									 the claimant.
2
During the period following the issuance of the
									 March 6, 2020 Proclamation of Emergency Disaster, issued under
									 35 Pa.C.S. §
																		7301
									 (relating to general authority of Governor), due to the novel coronavirus
									 (COVID-19) global pandemic, until the end of the current "high unemployment"
									 period, as that term is defined in section 405-A(a.1)(2) (43 P.S §
																		815(a.1)(2)).
52
(f) If a claimant fails to file a claim for
						compensation within the time allowed in subsection (a) or (b) or §
												65.43 due to the claimant's
						illness or injury, the time for filing the claim is extended until the last day
						of the second week after the incapacity ends.
(g) The Department will deem an application
						for benefits to be filed no more than 2 weeks prior to the week in which it
						actually is filed if the claimant did not file the application earlier because
						an employer erroneously advised the claimant that the claimant would be
						recalled to work within 1 week.
(h)
						If two or more of the reasons enumerated in subsections (e) and (f) have
						prevented a claimant from filing a claim for compensation within the time
						allowed in subsection (a) or (b) or § 65.43, the longest extension
						applies. If adherence to the longest extension would be inequitable to the
						claimant, the sum of the applicable extensions applies.
(i) Notwithstanding any provision of this
						section, the Department may not extend the time for filing a claim for
						compensation more than 52 weeks and may not deem an application for benefits to
						be filed in a week included in a previous benefit year.
The provisions of this §
														65.43a amended under section
							 201(a) of the Pennsylvania Unemployment Compensation Law (43 P.S. §
															761(a)), section 204(3) of
							 the Commonwealth Documents Law (45 P.S. §
															1204(3)) and section 6(d) of
							 the Regulatory Review act (71 P.S. §
															745.6(d)).