WSR 03-06-038

PERMANENT RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed February 26, 2003, 2:11 p.m. ]

Date of Adoption: February 18, 2003.

Purpose: The rules explain the requirements an individual must meet to be eligible for extended unemployment benefits. These include defining what work is considered suitable, the minimum job search requirements an individual must meet, and the penalties that an individual will incur for failing to accept or apply for suitable work.

Citation of Existing Rules Affected by this Order: Repealing WAC 192-16-033, 192-16-036, 192-16-040, 192-16-042, 192-16-045, and 192-16-047.

Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.

Adopted under notice filed as WSR 03-01-103 on December 17, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 8, Amended 0, Repealed 6.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

February 24, 2003

Dr. Sylvia P. Mundy

Commissioner

CHAPTER 192-240

EXTENDED BENEFITS
NEW SECTION
WAC 192-240-010   Regular shareable benefits defined.   The term "regular shareable benefits" means regular benefits in excess of 26 times your weekly benefit amount that are paid during an extended benefit period.

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NEW SECTION
WAC 192-240-015   How to apply for extended benefits.   File your application for extended benefits by placing a telephone call to an unemployment claims telecenter. The commissioner can authorize other filing methods in unusual circumstances or for the convenience of the department.

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NEW SECTION
WAC 192-240-020   Suitable work provisions -- Regular shareable and extended benefits -- RCW 50.22.020 (3) and (4).   (1) An individual receiving benefits must be available for suitable work. Except as provided in subsection (2), any job is considered suitable for an individual receiving regular shareable or extended benefits unless:

(a) It is not within your capabilities;

(b) The position is vacant because of a labor dispute, working conditions are substantially less favorable than similar work in the area, or you would be required to join or resign from a union or labor organization (see RCW 50.20.110);

(c) The gross weekly pay is less than your weekly benefit amount, plus any supplemental unemployment benefits you receive from your former employer; or

(d) The job pays less than the higher of the federal or state minimum wage.

(2) If you can demonstrate that you have good prospects of returning to work in your customary occupation within a reasonably short period of time, suitable work is considered to be work in keeping with your prior work experience, education, or training. "Good prospects for work" means you have:

(a) A definite recall or hire date within four weeks; or

(b) A probable recall or hire date within four weeks, based on an extremely favorable position on a union out-of-work list, seasonal factors, or historical experience.

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NEW SECTION
WAC 192-240-025   Failure to apply for or accept suitable work -- RCW 50.22.020 (4)(b) -- Regular shareable and extended benefits.   (1) You will be denied regular shareable or extended benefits if you fail:

(a) To accept any offer of suitable work as defined in WAC 192-240-020; or

(b) To accept a referral, or to apply for suitable work, when referred by your local employment center, if the job was:

(i) Offered to you in writing, or

(ii) Listed with the department.

(2) The denial is for the week in which the refusal occurs and until you work in four weeks and earn four times your weekly benefit amount.

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NEW SECTION
WAC 192-240-030   Job search requirements to receive regular shareable or extended benefits -- RCW 50.22.020(5).   (1) To be eligible for regular shareable or extended benefits, you must show evidence of a systematic and sustained effort to find work. Your efforts must be of a quality and frequency that clearly indicate you are making sincere efforts to immediately return to gainful employment.

(a) At a minimum, your efforts must include at least four job search contacts with employers during each week you claim benefits.

(b) If you are a member in good standing of a referral union, you must make three job search contacts each week in addition to contacting your union and complying with the union's requirements.

(i) Registration with another union local can constitute one job search contact if you are willing to travel or relocate to accept work in their jurisdiction.

(ii) You do not have to look for work that would jeopardize your union membership, but must look for other work you are capable of doing.

(iii) If you have been identified by the department as having good prospects of returning to work within four weeks because you have an extremely favorable position on the union out-of-work list, contact with your union each week fulfills the job search requirements of this section.

(2) Every week you file a claim for regular shareable or extended benefits, you must report your job search contacts to the department. For each job search contact you must report the date of the contact, the employer or union involved and its place of business, the method of contact, the type of work sought, and the results of the contact.

(3) You must keep a record or log of your job search contacts which contains the information required by WAC 192-180-015.

(4) The department may review your job search activities at any time. You must provide the department with a copy of your job search log upon request. Employer contacts will be verified by the department as needed.

(5) The department will consider you to have met the job search requirements of this section and of RCW 50.22.020(5) for any week in which you participate in a training program that is approved by the commissioner.

(6) The job search requirements under this section and RCW 50.20.020(5) are waived for any week in which you are unable to conduct a job search because you are serving on jury duty. See RCW 50.20.117.

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NEW SECTION
WAC 192-240-035   How to qualify for regular shareable or extended benefits after leaving work for marital or domestic reasons -- RCW 50.22.020(7).   If you were denied benefits because you left work for family reasons as provided in RCW 50.20.050(4), you could qualify for regular benefits either through work and earnings or by reporting in person to your local employment center for each of ten weeks. However, you are not eligible for regular shareable or extended benefits unless, after leaving work, you obtained work and earned wages of seven times your weekly benefit amount. The wages earned must be in employment that is covered by Title 50 RCW or the comparable laws of another state or the federal government.

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NEW SECTION
WAC 192-240-040   Penalties.   (1) If you claim regular shareable or extended benefits during a week in which you failed to accept any offer of work, or failed to accept a referral or apply for any work as directed by the department:

(a) Benefits will be denied under RCW 50.20.080 if the work was suitable as defined by RCW 50.20.100 and RCW 50.20.110, and you did not have good cause for failing to apply for or accept work;

(b) If benefits are denied as provided in subsection (1)(a), you will also be denied benefits as provided in RCW 50.22.020;

(c) Benefits will be denied under only RCW 50.22.020 if the work was suitable as provided in that statute and WAC 192-240-020, but did not meet the provisions of RCW 50.20.100 and RCW 50.20.080.

(2) If you claim regular shareable or extended benefits during a week in which you failed to meet the job search requirements of WAC 192-240-030, benefits will be denied under RCW 50.22.020, except as provided in subsection (4).

(3) A denial of benefits under RCW 50.22.020 starts the week in which the failure occurs, and continues indefinitely until you show that:

(a) You have worked in at least four weeks; and

(b) You have earned at least four times your weekly benefit amount. The employment does not need to be covered by Title 50 RCW.

(4) If you fail to meet the job search requirements of WAC 192-240-030 because you are hospitalized for treatment of an emergency or life-threatening condition, benefits will be denied under RCW 50.20.010(3). The denial period is only for the week or weeks in which the hospitalization occurred.

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NEW SECTION
WAC 192-240-045   Moving to a state in an extended benefit period.   RCW 50.22.030(2) provides that you are only eligible for two weeks of extended benefit payments if you live in a state that is not in an extended benefit period. If you subsequently move to a state that is in an extended benefit period, you may be eligible for further extended benefit payments under RCW 50.22.020 beginning with the first full week in which you reside in that state.

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REPEALER


The following sections of the Washington Administrative Code are hereby repealed:


WAC 192-16-033 Interpretive regulation -- Regular shareable benefits defined.
WAC 192-16-036 Interpretive regulation -- Requalification for regular shareable, extended, or additional benefits under RCW 50.20.050(4).
WAC 192-16-040 Interpretive regulation -- Good prospects of obtaining work within a reasonably short period of time under RCW 50.22.020(3) -- Shareable, extended, or additional benefits.
WAC 192-16-042 Interpretive regulation -- Failure to apply for or accept work under RCW 50.22.020 (4)(b) -- Shareable, extended, or additional benefits.
WAC 192-16-045 Interpretive regulation -- Disqualification for failing to accept an offer of or to apply for suitable work -- Shareable, extended, or additional benefits.
WAC 192-16-047 Interpretive regulation -- Interpretation of requirements of RCW 50.22.020(5) -- Tangible evidence of a systematic and sustained effort to obtain work -- Shareable, extended, or additional benefits.

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