Each year, numerous employers hire college students for temporary summer employment. A question that an employer may face prior to hiring the student is whether the student is able to make an unemployment compensation claim upon the end of his summer employment. The law is clear that temporary student employees are precluded from collecting unemployment compensation benefits at the end of their summer employment.

In De Mito v. Unemployment Compensation Board of Review, 193 Pa.Super. 201, 163 A.2d 688 (Pa.Super. 1960), the Pennsylvania Superior Court considered whether a college student is entitled to unemployment compensation benefits when his employment is limited to his summer vacation from school. The student in this case testified during the litigation of his claim that he did not know whether he would return to college at the time of his employment but did in fact return to college in September to start his fall term. The former Bureau of Employment Security denied him benefits on the ground that he “was not able and available” for suitable employment under the provisions of the Unemployment Compensation Law, 43 P.S. Section 801(d).

In finding that the student was not eligible for unemployment compensation, the Superior Court found that it was apparent that the student’s primary objective was to obtain a college education. In quoting a prior decision of the Superior Court, it was noted that “’making one’s self available for work for short periods of time, under the circumstances of this case, is not sufficient to make the appellant generally attached to the labor market * * *. Certainly, the legislature never intended to subsidize a college education by payments under the Unemployment Compensation Law. Availability for work requires the claimant should be actively and currently attached to the labor force (emphasis added).” Id. at 689.

In Department of Labor and Industry v. Unemployment Compensation Board of Review, 203 Pa.Super. 336, 345, 201 A.2d 310, 314 (Pa.Super. 1964), the Superior Court again found that a student whose employment is limited to a summer vacation is not entitled to unemployment compensation. “We held that as the student’s employment was limited to summer vacations, his primary objective was to obtain a college education and he was not generally and realistically attached to the labor market. * * * Any prospective employer would immediately realize the time restriction placed by the claimant on his availability for work. A claimant’s willingness to be employed conditionally does not meet the test of availability (citations omitted) (emphasis added).”

The court findings concerning student unemployment compensation claims have also been extended to other forms of employment wherein an employee restricts his or her availability for work.

In Calvano v. Unemployment Compensation Board of Review, 29 Pa.Cmwlth. 79, 83, 368 A.2d 1367, 1369 (Pa.Cmwlth. 1977), the Commonwealth Court considered the unemployment compensation claim of a school guidance counselor. In upholding the denial of benefits, the Court found that “school employees are ineligible for unemployment benefits during the summer months because they are not then available for suitable work without limitation and they are not, therefore, actually and permanently attached to the labor force (emphasis added).”

In Dils v. Unemployment Compensation Board of Review, 38 Pa.Cmwlth, 358, 393 A.2d 50 (Pa.Cmwlth. 1978), the court held that a teacher’s aide that limited her period of possible employment to summer months or until such time as she was rehired by the school district “unreasonably restricted her employability and therefore rendered herself unavailable for work.” The Court found “it is well settled that in establishing conditions and limitations to employment, one may render herself unavailable for work. Because claimant limited her period of possible employment to the summer months or until such time as she was rehired by the district, she unreasonably restricted her employability and therefore rendered herself unavailable for work.” Id. at 360.

The Appellate Courts of Pennsylvania have clearly held that a college student hired to perform summer work cannot make an unemployment compensation claim upon the expiration of his or her summer employment. A college student is not considered generally attached to the labor market, nor is the student considered able and available for suitable employment.