1. (a) A claimant who has been determined ineligible for compensation under section 402(a) of the law (43 P. S. § 802(2)) shall remain ineligible for compensation until he obtains subsequent employment which is not of a temporary or casual nature.
2. (b) When a claimant has been declared ineligible because of a refusal of temporary or casual employment, the ineligibility shall continue only for the period of time that work would have been furnished.
3. (c) A claimant who has been determined ineligible for compensation under the provisions of section 3 of the law (43 P. S. § 752) shall remain ineligible until he has earned, subsequent to the separation from work which was disqualifying under such section, remuneration for services in an amount equal to or in excess of six times his weekly benefit amount.

Source

The provisions of this § 65.62 adopted July 1, 1969; amended June 11, 1976, effective June 12, 1976, 6 Pa.B. 1329. Immediately preceding text appears at serial page (9318).

Notes of Decisions

Temporary Employment

The limitation on ineligibility provided by subsection (b) applies to claimants who refuse temporary or casual employment opportunities, and does not confer eligibility upon employes disqualified as a matter of law under section 402(b). Awarding this claimant benefits would be advocating a system under which any employe could quit employment and still be eligible to receive compensation benefits by establishing a future departure date despite leaving employment in advance of that date. Thus, a law student who knowingly enters into a temporary part-time employment arrangement with a law firm, voluntarily leaves that employment prior to the end of the specified period to study for exams, fails to request extension of the letter agreement or to seek regular full-time employment with the law firm upon graduation, does not fall within the class of employes the legislature intended to protect. Evans v. Unemployment Compensation Board of Review, 665 A.2d 548 (Pa. Cmwlth. 1995).

Employe who refuses to report to an interview for temporary employment because the employe was only interested in permanent employment has, without good cause, failed to pursue a referral of suitable employment and, under subsection (b), is ineligible to receive unemployment benefits for the entire period of time such temporary work would have been furnished. Raffaele v. Unemployment Compensation Board of Review, 465 A.2d 85 (Pa. Cmwlth. 1983).

Voluntary Termination

Employe who voluntarily terminated a permanent job to seek treatment for nerves was not eligible for benefits. Weaver v. Unemployment Compensation Board of Review, 544 A.2d 554 (Pa. Cmwlth. 1988).

Cross References

This section cited in 34 Pa. Code § 65.56 (relating to withdrawal an application for benefits).