§ 65.43a. Extended filing.

 (a)  For a week in which a claimant was employed less than his full time work, the claimant shall file a claim for compensation not later than the last day of the second week after the employer paid wages for that week. If the earliest week for which a claim for compensation is filed in accordance with this subsection precedes the week in which the claimant’s application for benefits is filed or deemed filed, as determined without regard to this subsection, the Department will deem the application to be filed during the earliest week for which a claim is filed.

 (b)  If a determination regarding the eligibility of claimants under section 402(d) of the law (43 P. S. §  802(d)) is issued, similarly situated claimants shall file claims for compensation for weeks during the work stoppage not later than the last day of the 6th week after the determination becomes final. If the earliest week for which a claim for compensation is filed in accordance with this subsection precedes the week in which the claimant’s application for benefits is filed or deemed filed, as determined without regard to this subsection, the Department will deem the application to be filed during the earliest week for which a claim is filed.

 (c)  The Department will deem an application for benefits to be filed prior to the week in which it actually is filed if the claimant did not file the application earlier for a reason listed in subsection (e). The Department will deem the application to be filed during the week that precedes the week of actual filing by the number of weeks indicated in subsection (e).

 (d)  If a claimant fails to file a claim for compensation within the time allowed in subsection (a) or (b) or §  65.43 (relating to claims for compensation—when to file), for a reason listed in subsection (e), the time for filing the claim is extended for the number of weeks indicated in subsection (e).

 (e)  For purposes of subsections (c) and (d) the number of weeks is determined as follows:

Reason	Number of weeks
The Department suspends accepting filings or is unable to handle all filings, due to an excessive volume of telephone calls or other reasons.	6
The claimant attempts to file by telephone, Internet or fax transmission in accordance with §  65.41 (relating to filing methods), the method used to attempt to file is unavailable or malfunctions, and the attempt to file occurs on the last day that the claimant could timely file by the method used	2
A UC Office fails to accept a filing as a result of error or mistake by the Department.	52
Sickness or death of a member of the claimant’s immediate family or an act of God.	2
Other, if the claimant makes all reasonable and good faith efforts to file timely but is unable to do so through no fault of the claimant.	2
During the period following the issuance of the March 6, 2020 Proclamation of Emergency Disaster, issued under 35 Pa.C.S. §  7301 (relating to general authority of Governor), due to the novel coronavirus (COVID-19) global pandemic, until the end of the current ‘‘high unemployment’’ period, as that term is defined in section 405-A(a.1)(2) (43 P.S §  815(a.1)(2)).	52

 (f)  If a claimant fails to file a claim for compensation within the time allowed in subsection (a) or (b) or §  65.43 due to the claimant’s illness or injury, the time for filing the claim is extended until the last day of the second week after the incapacity ends.

 (g)  The Department will deem an application for benefits to be filed no more than 2 weeks prior to the week in which it actually is filed if the claimant did not file the application earlier because an employer erroneously advised the claimant that the claimant would be recalled to work within 1 week.

 (h)  If two or more of the reasons enumerated in subsections (e) and (f) have prevented a claimant from filing a claim for compensation within the time allowed in subsection (a) or (b) or §  65.43, the longest extension applies. If adherence to the longest extension would be inequitable to the claimant, the sum of the applicable extensions applies.

 (i)  Notwithstanding any provision of this section, the Department may not extend the time for filing a claim for compensation more than 52 weeks and may not deem an application for benefits to be filed in a week included in a previous benefit year.

Authority

   The provisions of this §  65.43a amended under section 201(a) of the Pennsylvania Unemployment Compensation Law (43 P.S. §  761(a)), section 204(3) of the Commonwealth Documents Law (45 P.S. §  1204(3)) and section 6(d) of the Regulatory Review act (71 P.S. §  745.6(d)).

Source

   The provisions of this §  65.43a adopted February 11, 2011, effective February 12, 2011, applies to applications for benefits filed on or after February 12, 2011, 41 Pa.B. 848; amended November 6, 2020, effective November 7, 2020, 50 Pa.B. 6204. Immediately preceding text appears at serial pages (368141) to (368142) and (374945).

Notes of Decisions

   

  [A] claimant must merely demonstrate that an immediate family member is sick or has died to be eligible for extended filing under Section 65.43a(e) of the regulations. . . . [A] claimant does not need to establish that the sickness or death of an immediate family member actually prevented the claimant from filing an application or claim for benefits at an earlier date when seeking backdating under subsection (e).

   Falcone v. UCBR, 72 A.3d 301, 305 (Pa. Cmwlth. 2012).

   ‘‘Unlike Section 65.43a(e) of the regulations, in order for the provisions of Section 65.43a(h) to apply, a claimant must establish that the proffered reason actually prevented the claimant from filing.’’ Falcone v. UCBR, 72 A.3d 301, 306 (Pa. Cmwlth. 2012).

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