Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part II - Bureau of Employment Security
Subpart A - Unemployment Compensation
Chapter 65 - EMPLOYEE PROVISIONS
Subchapter D - PARTIAL UNEMPLOYMENT AND DECEASED OR INCOMPETENT CLAIMANTS
Section 65.73 - Full-time work
Universal Citation: 34 PA Code ยง 65.73
Current through Register Vol. 54, No. 44, November 2, 2024
(a) A claimant's full-time work for purposes of section 4(u) of the law (43 P. S. § 753(u)) shall be determined in accordance with the following:
(1) Except
as provided in paragraphs (4) and (5), a claimant's full-time work is
determined by reference to the claimant's base year, as follows:
(i) The total number of hours the claimant
worked in the base year for all employers is divided by the number of weeks in
the base year in which the claimant worked to determine the claimant's
full-time work.
(ii) If information
for only a portion of the base year is available, the formula in subparagraph
(i) is applied to the portion of the base year for which information is
available to determine the claimant's full-time work.
(iii) If the claimant's full-time work cannot
be determined in accordance with subparagraph (i) or (ii), the Department may
determine the claimant's full-time work by another method that calculates the
average number of hours per week that the claimant worked during weeks in the
claimant's base year in which the claimant worked.
(2) For purposes of paragraph (1), the number
of hours that a claimant worked during a week in the base year for an employer
in excess of the customary number of hours the claimant worked per week for
that employer in the base year is excluded from the determination of the
claimant's full-time work.
(3) For
purposes of paragraph (1), if a claimant's normal work schedule in the base
year consisted of multiple week cycles, and the cycle normally included one or
more weeks during which the claimant did not work, all weeks in the cycle are
deemed weeks in which the claimant worked.
(4) If a claimant voluntarily leaves
employment to accept new employment that provides fewer hours of work, the
number of hours the claimant customarily works at the new job constitutes the
claimant's full-time work.
(5) If a
claimant limits the number of hours per week the claimant will work, that
number of hours constitutes the claimant's full-time work.
(b) For purposes of section 4(u) of the law, if a claimant's normal work schedule during the benefit year consists of multiple week cycles, and the claimant normally works a different number of hours, which may include zero, during the weeks in the cycle, for each week in the cycle the claimant is deemed to be working the number of hours determined by dividing the total number of hours worked during the cycle by the number of weeks in the cycle.
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