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.
