WSR 08-21-055

PROPOSED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed October 9, 2008, 1:05 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-09-049.

Title of Rule and Other Identifying Information: The proposed rule clarifies the conditions under which an individual may voluntarily quit a job to enter into an approved apprenticeship training program.

Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 212 Maple Park, Olympia, WA, on December 10, 2008, at 10:00 a.m.

Date of Intended Adoption: December 15, 2008.

Submit Written Comments to: Pamela Ames, ESD Rules Coordinator, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, e-mail pames@esd.wa.gov, fax (360) 902-9799, by December 9, 2008.

Assistance for Persons with Disabilities: Contact Beverly Peterson by December 9, 2008, TTY (360) 902-9569 or (360) 902-92334 [902-9234].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule implements SSB 6751, adopted by the 2008 legislature, which establishes good cause for individuals who voluntarily quit a job to enter into an approved apprenticeship training program. Existing rules are not affected.

Reasons Supporting Proposal: The rule provides guidance to agency staff, workers, and employers concerning the criteria the department will use to determine if the worker has established good cause for leaving work to enter an approved apprenticeship training program.

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, and 50.20.010.

Statute Being Implemented: RCW 50.20.050 (2)(b)(xi).

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

Name of Proponent: Employment security department, governmental.

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

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not create or modify any eligibility requirements for receiving unemployment benefits. Any increase in costs to employers as a result of permitting claimants to quit work with good cause are a result of the underlying legislation, not the proposed rule. In addition, employers who pay unemployment taxes are automatically noncharged for benefits paid to former employees under the amended statute.

A cost-benefit analysis is not required under RCW 34.05.328. The rule is not a significant legislative rule as defined by RCW 34.05.328.

October 8, 2008

Karen T. Lee

Commissioner


NEW SECTION
WAC 192-150-160   Entering approved apprenticeship training -- RCW 50.20.050 (2)(b)(xi).   (1) Effective date. RCW 50.20.050 (2)(b)(xi) and this section apply to job separations that occur on or after June 12, 2008.

(2) Application. This section applies only if you quit work to enter into related/supplemental (classroom) instruction that is part of an apprenticeship program. If you quit work to begin employment for an employer who is a party to an apprenticeship agreement, the department will review the separation under RCW 50.20.050 (2)(b)(i) and WAC 192-150-050 to determine if you left work to accept a bona fide job offer.

(3) Definitions. For purposes of this chapter:

(a) "To enter" means to begin participation in the apprenticeship program.

(i) The term "to enter" includes:

(A) Apprentices who accept temporary work with an employer who is not a party to the apprenticeship agreement and quit work to re-enter training.

(B) Apprentices who quit work for a participating employer to enter a different apprenticeship program.

(ii) The term "to enter" does not include:

(A) Claimants applying for an apprenticeship program who at the time of quitting work are not enrolled in apprenticeship or pre-apprenticeship training. Their eligibility for benefits will be reviewed under RCW 50.20.050(2).

(B) Current apprentices who temporarily stop work for a participating employer to attend related/supplemental instruction that is a required component of their apprenticeship agreement. Claimants in this situation are considered to be on temporary layoff from work. Their eligibility for commissioner approved training will be reviewed under WAC 192-200-020(3).

(b) "Active participation" means attending classes or engaging in other activities that are part of the related/supplemental instruction.

(c) The terms "apprentice," "apprenticeship agreement," "apprenticeship program," "approved," and "related/supplemental instruction" have the meanings described in WAC 296-05-003.

(4) Establishing good cause. If you quit work to enter an apprenticeship program, you will have good cause within the meaning of RCW 50.20.050 (2)(b)(xi) if you satisfactorily demonstrate that:

(a) You are entering an apprenticeship program approved by the Washington state apprenticeship training council;

(b) Prior to leaving work, you had a confirmed start date for related/supplemental instruction; and

(c) You continued in your employment for as long as was reasonably consistent with whatever arrangements were necessary to begin the related/supplemental instruction. In any event, you will not be eligible for benefits until the week prior to the week the related/supplemental instruction begins.

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Washington State Code Reviser's Office