208 Pa. Super. 291 | Pa. Super. Ct. | 1966
Lead Opinion
Opinion by
This case arises under the Unemployment Compensation Law, Act of December 5, 1936, P. L. (1937) 2897, 43 P.S. 751 et seq., and involves the first application by this court of the most recent amendment to Section 401(f) (2) of the statute, 43 P.S. 801(f) (2). It will be necessary to recite the history of the case in some detail.
Mrs. Nancy G. Colbert was last employed as a presser by Stanley Manufacturing Company, Chambers-burg, Pennsylvania. It was a known policy of this employer that, in case of pregnancy, the employe must not work beyond the first six months of the gestation period. Having become pregnant, Mrs. Colbert applied for a leave of absence, which was granted for a period of four months from November 25,1964. The child was born prematurely on December 27, 1964. Mrs. Colbert
Appellant does not here assert that claimant was guilty of wilful misconduct. However, that is not an end to the case. The Commonwealth has an interest in the unemployment compensation fund, and the duty exists to protect the fund against dissipation by those not entitled to benefits under the law: Lybarger Unemployment Compensation Case, 203 Pa. Superior Ct. 336, 201 A. 2d 310; affirmed 418 Pa. 471, 211 A. 2d 463.
We are in accord with appellant’s contention that Mrs. Colbert’s claim is barred by the present language of Section 401(f) (2) of the statute. As amended March 24,1964, this section reads in pertinent part as follows : “Compensation shall be payable to any employee who is
The legislature has made an express distinction between leaves of absence generally and leaves of absence because of pregnancy. Following the termination of her leave of absence, claimant admittedly did not earn four times her weekly benefit rate. She is therefore not entitled to benefits. We are not in accord with the suggestion that the decision of the Board should be affirmed on the basis of a bulletin issued by the Bureau of Employment Security which equates the refusal of the employer to permit the employe to resume her employment with a reduction in the work force. This bulletin constitutes a complete negation of the legislative purpose and is an unwarranted rewriting of the statute. “The treatment of claims for unemployment compensation by female employes who become pregnant is a matter for the legislature. We are bound by its solution of the problem”: Young Unemployment Compensation Case, 200 Pa. Superior Ct. 511, 190 A. 2d 351.
Decision reversed.
Dissenting Opinion
I respectfully dissent. The opinion of the majority is a strict interpretation of an amendment to this remedial statute and goes far beyond the legislative intent.
On April 14, 1965, the Bureau of Employment Security issued a bulletin No. 505, Supp. No. 12 Rev. entitled “1964 Amendments To The Pennsylvania Unemployment Compensation Law Benefit Provisions”. “Post Pregnancy Work Test”. In this bulletin the Bureau says, inter alia: “The Law is intended to prevent payment of benefits to claimants who have withdrawn from the labor force to raise a family. It does, however, allow benefits to those demonstrating attachment to the labor force by meeting the 4 x WBR work test”. It says further, “If an employe is granted, or required to take, a leave of absence because of pregnancy and later returns at the scheduled expiration of the leave, but is not permitted to resume work, a reduction in force is deemed to have occurred, since the employe has, in effect, been laid off as of the time she was not permitted to resume work in accordance with the employer’s prior agreement or direction”. This is on the theory that when granted a leave of absence the employer-employee relationship is in existence and she is still one of the work force, even though not. working. There is nothing in this record to show she was replaced. The refusal to rehire reduces the work force by one and so she is entitled to benefits under the exception. The stipulation of counsel overlooked this evidence of reduction of work force.
We are bound to give to this amendment the liberal interpretation required for this remedial legislation. Blum Unemployment Compensation Case, 163 Pa. Superior Ct. 271, 60 A. 2d 568 (1948); Harman Unemployment Compensation Case, 204 Pa. Superior Ct. 196, 202, 203 A. 2d 378 (1964). It is quite clear that this