As the COVID-19 pandemic struck and claims for unemployment compensation rose, a bill was passed that imposed new notice requirements on Pennsylvania employers. Act 9 of 2020, signed into law by Gov. Wolf on March 27, 2020, added a section to Pennsylvania’s Unemployment Compensation Law, which requires all employers to notify a separating employee of the availability of unemployment compensation at the time of separation from employment.

As currently written, this notice obligation is required regardless of why an employee becomes separated and regardless of whether the employer will ultimately be liable for payments of unemployment contributions. Crucially, employers may be surprised to learn that the notice requirements still remain in effect after the pandemic ends.

The notification must include, at minimum, the following information:

1. That unemployment compensation benefits are available to workers who are unemployed and who meet the requirements of the Unemployment Compensation Law
2. That an employee can file an unemployment compensation claim in the first week employment stops or work hours are reduced
3. That assistance or information about an unemployment compensation claim is available on the Pennsylvania Department of Labor and Industry’s website, or by calling the department’s toll-free number at 888-313-7284
4. That the employee will need certain information to file a claim, including: (i) the employee’s full legal name; (ii) the employee’s Social Security number; and (iii) if not a citizen or resident of the United States, authorization to work in the United States

In response to Act 9, the Department of Labor and Industry released Form UC-1609, which must be completed by employers and provided to employees at the time of separation. The form can be found online on the department’s website here. Although Form UC-1609 contains much of the required information, employers should still provide the above notifications upon separation, along with Form UC-1609.

This article is for educational purposes only and does not constitute legal advice.

Should you need legal advice or have questions regarding unemployment, please contact Kathleen O’Connell Bell or Andrew Stafford. Call 610-353-0740 or click here to learn more about Lamb McErlane.

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Kathleen O’Connell Bell is a partner in Lamb McErlane’s Newtown Square location. She concentrates her practice in commercial civil litigation in state and federal court systems. Her primary areas of practice are employment discrimination defense law, commercial civil litigation, general premises liability defense, higher education law, and real estate law. She can be reached at kbell@lambmcerlane.com.

Andrew Stafford concentrates his practice on employment law, complex commercial litigation, higher education law, and appellate law in state and federal courts. He can be reached at astafford@lambmcerlane.com.