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117 PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW
industry in his next normal seasonal period. However, if, upon presenting
himself for work in his next normal seasonal period, the individual is not
offered an opportunity to perform such services, his claims for
unemployment compensation shall be accepted retroactively to the time the
individual's benefits (based on seasonal and non-seasonal wages) would have
commenced but for this subsection.
(b) Upon written application filed with the department by an employer engaged
in a "seasonal industry," as defined in this section, the secretary shall
determine, and may thereafter redetermine, in accordance with the rules and
regulations of the department, the normal seasonal period during which
workers are ordinarily employed for the purpose of carrying on seasonal
operations in the seasonal industry in which such employer is engaged.
An application for such determination shall be made on forms prescribed by
the department. Such application must be made at least twenty (20) days
prior to the estimated beginning date of the normal seasonal period for which
the determination is requested. Simultaneously with the filing of the
application, the employer shall conspicuously display on the employer's
premises, in a sufficient number of places, a copy of the application.
(c) An employer determined, in accordance with the provisions of this section, to be
a "seasonal operation" or "seasonal industry," as defined in this section, shall be
required to conspicuously display notices of the seasonal determination on its
premises in a sufficient number of places as will fairly advise its employes of the
estimated beginning and estimated ending dates of its normal seasonal period.
Such notices shall be provided by the department.
(d) Any successor of a seasonal employer shall be deemed to be a seasonal industry
or a seasonal operation unless such successor shall, within one hundred twenty
(120) days after the acquisition, request cancellation of such determination.
(e) Any determination issued under the provisions of this section shall be subject to
review in the same manner and to the same extent as all other determinations
issued under this act.
(f) Benefits payable to any otherwise eligible individual who is determined to be a
seasonal worker, as defined in paragraph (5) of subsection (h) of this section,
shall be calculated in accordance with the provisions of this section for any
benefit year which is established on or after the beginning date of a determination
of a seasonal industry or a seasonal operation by which such individual was
employed during the base year applicable to such benefit year, as if such
determination had been effective in such base period.