WSR 02-08-071

EXPEDITED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed April 2, 2002, 3:36 p.m. ]

Title of Rule: WAC 192-150-055 Leaving work because of illness or disability -- General rules and definitions, this rule outlines the conditions that must be met for an individual to establish good cause for leaving work because of the illness or disability of that individual or a family member.

Purpose: To clarify the conditions under which good cause can be established for leaving work due to illness or disability of the individual or his/her immediate family, and to define terms. This rule replaces existing WAC 192-16-013, and has been revised to improve readability and understandability.

Other Identifying Information: As part of our ongoing regulatory improvement efforts, the department is organizing its existing rules into chapters organized by topic. This rule, WAC 192-150-055, will be included in chapter 192-150 WAC, Job separations, and replaces a rule adopted in 1997.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Statute Being Implemented: RCW 50.20.050.

Summary: RCW 50.20.050 (2)(b) provides that an individual may establish good cause for leaving work voluntarily because of the illness or disability of the individual or a member of his or her immediate family. This rule clarifies the conditions under which good cause may be established, and defines the terms "disability" and "immediate family." The term "disability" is modified to be consistent with that contained in WAC 192-170-050.

Reasons Supporting Proposal: The rule clarifies the department's policies regarding when an individual has good cause for leaving work voluntarily due to illness or disability. It provides predictability and stability in program administration.

Name of Agency Personnel Responsible for Drafting: Juanita Myers, 212 Maple Park, Olympia, (360) 902-9665; Implementation and Enforcement: Annette Copeland, 212 Maple Park, Olympia, (360) 902-9303.

Name of Proponent: Employment Security Department, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule clarifies the conditions under which an individual may be found to have good cause for leaving work due to illness or disability, as provided by RCW 50.20.050 (2)(b). The new rule will have little effect on current policy and practice because it essentially replaces an existing rule that has been in effect since 1977. The new definition of "disability" contained in this rule is consistent with WAC 192-170-050.

Proposal Changes the Following Existing Rules: The new WAC 192-150-055 replaces WAC 192-16-013, which was adopted in 1977. The content of the new rule is substantially the same as that in WAC 192-16-013, except as noted below, and the language has been simplified to improve readability. The changes are adopted under a new rule number for inclusion in chapter 192-150 WAC, Job separations, which will improve access by the regulated community.

The only substantive change between the new WAC 192-150-055 and the former WAC 192-16-013 is the definition of the term "disability." In a new rule discussing suitable work, WAC 192-170-050, the department has adopted a new definition of "disability." There was substantial participation by interested parties before and during the development of WAC 192-170-150. For purposes of consistency, the department is including this new definition in WAC 192-150-055.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Juanita Myers, Employment Security Department, P.O. Box 9046, Olympia, WA 98507 , AND RECEIVED BY June 4, 2002.


April 1, 2002

Dr. Sylvia P. Mundy

Commissioner


NEW SECTION
WAC 192-150-055   Leaving work because of illness or disability -- General rules and definitions -- RCW 50.20.050 (2)(b).   (1) General rule. To establish good cause for leaving work voluntarily because of your illness or disability or the illness, disability, or death of a member of your immediate family, you must demonstrate that:

(a) You left work primarily because of such illness, disability, or death; and

(b) The illness, disability, or death necessitated your leaving work; and

(c) You first exhausted all reasonable alternatives prior to leaving work, including asking that you be reemployed when you are able to return to work. (You are not required to request reemployment after the job separation has occurred to establish good cause.)

(2) Exception. You may be excused from failure to exhaust reasonable alternatives prior to leaving work as required by subsection (1)(c) if you can show that doing so would have been a futile act.

(3) Definitions. For purposes of this chapter:

(a) "Disability" means a sensory, mental, or physical condition that:

(i) Is medically recognizable or diagnosable;

(ii) Exists as a record or history; and

(iii) Substantially limits the proper performance of your job;

(b) "Immediate family" means your spouse, children (including unborn children), step-children, foster children, or parents of either spouse, whether living with you or not, and other relatives who temporarily or permanently reside in your household.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 192-16-013 Interpretative regulations -- Leaving work because of illness or disability of self or immediate family member -- RCW 50.20.050 (2)(b).

Washington State Code Reviser's Office