WSR 02-14-035

PERMANENT RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed June 25, 2002, 2:32 p.m. ]

Date of Adoption: June 5, 2002.

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. This rule replaces existing WAC 192-16-013 and has been revised to improve understandability.

Citation of Existing Rules Affected by this Order: Repealing WAC 192-16-013.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Adopted under notice filed as WSR 02-08-071 on April 2, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

June 10, 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