PA’s Department of Labor and Industry Provides Additional Guidance on Unemployment Compensation Benefits Given the Families First Act and the CARES Act

The Pennsylvania Department of Labor and Industry (L&I) has created a helpful “COVID-19 Guide” succinctly explaining the benefits that could be available to individuals under these laws, as well as under an employer’s paid leave policies or the Pennsylvania Worker’s Compensation Act. Of course, L&I has included a disclaimer on the guide that it is just a guide and assumes that all other eligibility requirements are met for the benefits. It is not an exhaustive list and each eligibility determination is made on a “case-by-case basis.” That said, the guide can be a helpful graphic to explain how the different potential sources of benefits coincide.

Also, while we previously explained that the CARES Act provides unemployment benefits to far more individuals than could have been eligible before the Act, including the self-employed and “gig workers,” the Office of Unemployment Compensation (UC Office) reports on its Facebook page that it will “update its website with instructions on accessing these benefits as [the agency] receives guidance from the federal government.” It instructs the public to check its site regularly for updated instructions and FAQs about benefits under the Act.
Moreover, the UC Office makes it clear that it has suspended the following rules due to Governor Tom Wolf’s emergency declaration:

• • Work search and work registration requirements are temporarily suspended for all UC claimants.
  • As we reported on March 27 about the CARES Act, the one-week waiting time period is temporarily suspended for all UC claimants.
  • Even though the UC Office states that “at this time, benefits are not being extended beyond 26 weeks,” the CARES Act will result in the federal government paying claimants benefits for an additional 13 weeks.

Further, the UC Office provides important updates on the status of claims processing and providing a PIN to claims, depending on the date applications for benefits were filed. That information can be found at uc.pa.gov.

Please note, on April 5, 2020, the Pennsylvania Secretary of Health issued an Order mandating enhanced cleaning and disinfecting requirements for owners of large buildings. The Cleaning Order applies to owners of buildings of at least 50,000 square feet used for commercial, industrial or other enterprises, including but not limited to facilities for warehouses, manufacturing, commercial offices, airports, grocery stores, universities, colleges, government, hotels, and residential buildings with at least 50 units.

The Coronavirus Task Force at Klehr Harrison stands ready to assist you in your business and legal needs. We will continue to provide additional information and guidance as the COVID-19 situation develops.

Author Lee D. Moylan is a partner in the Labor & Employment practice group at Klehr Harrison.