Thursday, June 25, 2015

UC - wages - sec. 401(a) and 404 - claimant must earn at least 49.5% of wages outside of highest quarter

Alla v. UCBR – Cmwlth. Court – Junbe 25, 2015 -



It is a claimant’s burden to prove that he is financially eligible for unemployment benefits. Devine, 101 A.3d at 1237; Pagliei v. UCBR, 37 A.3d 24, 26 (Pa. Cmwlth. 2007). To be financially eligible for benefits, a claimant must satisfy the earnings requirements of sections 401 and 404 of the Law for his base year. 43 P.S. §§801(a), 804. Claimant received a payout of accrued sick, annual, and personal leave upon his separation in the third quarter of 2013 in the amount of $30,728. This payment was properly characterized as wages, and, absent evidence that Employer generally makes accrued leave payments in a different manner, it was properly included in the quarter in which it was paid by Employer to calculate Claimant’s base year wages. Id.; 34 Pa. Code §61.3(a).   Claimant did not earn at least 49.5% of his earnings outside his highest quarter for the qualifying base year.   Thus, Claimant is financially ineligible for unemployment compensation benefits under sections 401(a) and 404 of the Law.