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.
(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 verifies domestic violence under subsection (b) is otherwise eligible under section 401, the individual shall be considered eligible, and the department shall expedite a determination of eligibility under section 501.
(e) An individual who submits a self-affirmation under subsection (b)(3) shall submit documentation of the domestic violence situation under subsection (b)(1), (2) or (4) to the department within one hundred fifty (150) days of the date of application. The department may, for good cause, excuse the requirements or extend the period in which documentation must be provided.
(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. Relief from charges shall be provided without a request from the employer.
(g) Subject to subsection (c), if an employer is 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.
(402.7 added Dec. 22, 2025, P.L.333, No.55)
Compiler's Note: Section 4 of Act 55 of 2025 provided that the Department of Labor and Industry shall consult with the Office of Victim Advocate and relevant advocacy groups when implementing section 402.7, 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.