WSR 09-20-097

PROPOSED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed October 7, 2009, 9:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-15-012.

Title of Rule and Other Identifying Information: New WAC 192-150-180 Quitting part-time work, which concerns the eligibility for unemployment benefits of certain individuals who voluntarily quit a part-time job.

Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 2nd Floor, 212 Maple Park, Olympia, WA, on November 10, 2009, at 10:00 a.m.

Date of Intended Adoption: November 16, 2009.

Submit Written Comments to: Pamela Ames, P.O. Box 9046, Olympia, WA 98507-9046, e-mail pames@esd.wa.gov, fax (360) 902-9799, by November 10, 2009.

Assistance for Persons with Disabilities: Contact Jeannette Nelson by November 9, 2009, TTY (360) 902-9569 or (360) 902-9602.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule implements SB 5804 (chapter 247, Laws of 2009) providing that claimants who are simultaneously working both a full-time job and a part-time job will not be disqualified from receiving unemployment benefits solely because they quit the part-time job.

Reasons Supporting Proposal: The rule clarifies the circumstances under which the commissioner will determine that an individual who voluntarily quits a part-time job will not be disqualified from benefits.

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

Statute Being Implemented: RCW 50.20.050.

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 will not impose more than minor costs on businesses, nor will there be a disproportionate impact on small business. Any business costs associated with the rule are the result of the underlying legislation.

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

October 5, 2009

Paul Trause

Deputy Commissioner


NEW SECTION
WAC 192-150-180   Quitting part-time work -- RCW 50.20.050(3).   (1) Effective date. RCW 50.20.050(3) and this section apply to job separations that occur on or after July 26, 2009.

(2) Definitions. For purposes of this section:

(a) "Part-time work" means fewer than 35 hours of work per week.

(b) "Full-time work" means work of 35 or more hours per week.

(3) If you are simultaneously employed in a part-time job and a full-time job, you will not be denied benefits for quitting the part-time job under the following circumstances:

(a) You quit the part-time job before losing your full-time job;

(b) You did not know in advance that your full-time job would be ending; and

(c) You are eligible for benefits based on the separation from your full-time job.

(4) If you are denied benefits under RCW 50.20.050(3), the period of denial is the same as that under RCW 50.20.050 (2)(a). This means you will be denied for a period of seven weeks and until you earn at least seven times your weekly benefit amount in covered employment.

(5) Examples. The following are examples only and do not mean that the department would rule the same in similar situations.

(a) You quit a part-time job two weeks before being laid off from your full-time job. Benefits are allowed because you meet the criteria of subsection (3).

(b) You quit a part-time job before the hours at your full-time job were reduced. Benefits are allowed because you meet the criteria of subsection (3).

(c) You quit a part-time job two weeks before the end of a temporary full-time job. You had prior knowledge that the full-time job was ending. Benefits would be denied unless you had good cause for quitting the part-time job under RCW 50.20.050(2).

(d) You quit a part-time job two weeks before being discharged from the full-time job.

(i) If the separation from the full-time job was for misconduct, benefits would be denied for quitting the part-time job because you are not eligible for benefits based on the separation from the full-time job.

(ii) If the separation from the full-time job was not misconduct, benefits would be allowed because you meet the criteria of subsection (3).

(e) You quit the part-time job and the full-time job on the same day. The department will determine if you had good cause to quit both jobs under RCW 50.20.050(2).

(f) You quit a part-time job but are still employed full-time at your other job. The department will determine if you had good cause to quit under RCW 50.20.050(2).

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Washington State Code Reviser's Office