WSR 14-02-112 EMERGENCY RULES EMPLOYMENT SECURITY DEPARTMENT [Filed December 31, 2013, 4:00 p.m., effective December 31, 2013, 4:00 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: To correct the percentage of hours an individual must work to be eligible for participation in the shared work program. The percentages were misstated in the most recent filing.
Citation of Existing Rules Affected by this Order: Amending WAC 192-250-035.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The department is submitting a grant proposal to the United States Department of Labor requesting funding for Washington's shared work program. Inclusion of the rule with incorrect percentages may delay or preclude approval of the state's grant application.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 31, 2013.
Nan Thomas
Deputy Commissioner
AMENDATORY SECTION (Amending WSR 13-24-016, filed 11/21/13, effective 12/22/13)
WAC 192-250-035 Information for employees participating in an approved shared work plan.
(1) When do I apply for benefits? Your employer representative will tell you if you need to apply for benefits and how to do so. If you have a current valid claim, you do not need to apply again. (2) How do I file my weekly claim for benefits? See WAC 192-140-005 for instructions on filing weekly claims. You must also report the number of hours you were paid for holidays, vacations, or sick leave. You must report hours and gross earnings for part-time and second jobs, plus your hours and net earnings from any self-employment. You can file weekly claims by telephone or over the internet. (3) What happens if the total number of hours worked is not a whole number? If the total number of hours you worked in a week includes a fraction of an hour, the department will round the total down to the next whole number. This rounded number will be compared to your usual hours of work to calculate your shared work benefit payment for the week. For example: You work 28.5 hours of a usual 40-hour work week. The 28.5 hours is rounded down to 28 hours and then divided by 40, meaning you worked 70 percent of the available hours. Your shared work payment would be 30 percent of your regular weekly benefit amount. (4) What happens if I don't work all scheduled hours for my shared work employer? (a) You are not eligible for shared work benefits for any week that you do not work all hours you have been scheduled by your shared work employer. (b) You must be available for additional hours of work, up to your usual weekly hours of work, with the shared work employer. If your employer gives you at least twenty-four hours' notice that additional work is available and you do not work those additional hours, you are not eligible for shared work benefits for that week. (c) When you are not eligible for shared work benefits in any week claimed, your claim will be processed as a regular unemployment claim. (5) Do I have to look for work while participating in the shared work program? No. You are not required to look for work while participating in the shared work program. (6) Is there a minimum or maximum number of hours I can work in a week and still receive shared work benefits? You must work between ((ten)) fifty percent and ((fifty)) ninety percent of your usual weekly hours to receive shared work benefits. In any week you work less than or more than that amount, your claim will be processed as a regular unemployment claim. (7) How long can I receive shared work benefits? You can receive shared work payments up to the maximum benefit entitlement established under Title 50 RCW, plus state or federal benefit extensions under chapter 50.22 RCW.
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