Section 61.1. Definitions

Terms which are defined in the law and which are used in this subpart have the same meanings as provided in the law. In addition, the following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

Applicant—An individual applying for services with an employment office.

Application for benefits—The initial request for unemployment compensation filed under section 501(a) of the law (43 P. S. § 821(a)), preliminary to filing claims for compensation. If an application for benefits is valid, as defined in section 4(w) of the law (43 P. S. § 753(w)), the application establishes a benefit year commencing on the effective date of the application.

Board—The Unemployment Compensation Board of Review of the Commonwealth.

Bureau—The Department.

Claim for compensation—A request for waiting week credit or payment of compensation for a week when the claimant was unemployed, filed under section 501(c) of the law.

Claimant—An individual applying for compensation under the law, the unemployment compensation law of another state or territory of the United States, or under 5 U.S.C. Chapter 85 (UCFE and UCX programs).

Contributions—The money payments required by sections 301 and 301.1 of the law (43 P. S. § § 781 and 781.1) to be made to the Unemployment Compensation Fund by an employer with respect to employment.

Department—The Department of Labor and Industry of the Commonwealth.

Holiday pay—Remuneration payable for services performed in the claim week in which a legal holiday occurs for purposes of computing compensation for partial and part-total unemployment.

Law—The Pennsylvania Unemployment Compensation Law (43 P. S. § § 751—914).

Leaving work—An employe shall be deemed to have ‘‘left work’’ in the following situations:

(i) If he walked off work or abandoned his position.

(ii) If, having been on temporary short term layoff with a specific date of return, he refused or failed to return to his employment on the specific date or when recalled by the employer before that date.

(iii) If he refused a transfer or a change in conditions of work which he was required to accept under his contract of employment with the employer.

Payments in lieu of contributions—The money payments made into the Unemployment Compensation Fund by an employer with respect to employment, under sections 1003, 1104 and 1202.2 of the law (43 P. S. § § 893, 904 and 912.2).

Secretary—The Secretary of the Department.

Trainee—An individual who applies for or receives training under a training program in which the Bureau is involved.

UC Office—A Department office established to accept and process applications for benefits and claims for compensation.

UC Tax Review Office—The individual or agency within the Department that administers appeals to the Secretary or the Secretary’s designee.

UCTS—The Office of Unemployment Compensation Tax Services, or its successor agency, within the Department.

Week—Except as otherwise specifically provided, a week, with respect to an individual who files a claim for unemployment, means the calendar week—Sunday through Saturday, except that those individuals who are filing claims for compensation for a period of unemployment which began prior to the effective date of this section shall continue to file claims for weeks of any 7 consecutive days for as long as that period of unemployment continues and they are otherwise eligible. For purposes of this section, if the workday of an individual includes parts of 2 calendar days, the work performed by the individual during the workdays shall be considered to have been performed during the first of the calendar days.

The provisions of this § 61.1 amended May 4, 1973, 3 Pa.B. 46; amended February 11, 2011, effective February 12, 2012, 41 Pa.B. 844. Immediately preceding text appears at serial pages (317794) and (328195).

Notation

Cross References

This section cited in 34 Pa. Code § 65.139 (relating to definitions).