EMPLOYMENT SECURITY DEPARTMENT

[Filed April 9, 2020, 4:56 p.m., effective April 9, 2020, 4:56 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The rule making is proposed in order to provide support to employees and employers impacted by the COVID-19 virus across the state. The emergency rule treats certain job separations for people who cannot telework and who meet other criteria related to COVID-19 as a lack of work. This rule corrects a drafting error in a prior emergency rule filed under WSR 20-09-049.

Citation of Rules Affected by this Order: New WAC 192-150-101.

Statutory Authority for Adoption: RCW 50.12.040, 50.20.180.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: In Proclamation 20-05, Governor Inslee proclaimed a State of Emergency in Washington regarding COVID-19. The proclamation directs agencies and departments to support the department of health and local officials in alleviating the impacts to people, property, and infrastructure across the state.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 9, 2020.

Employment Security Policy Director

WAC 192-150-101Job separations related to COVID-19.

For individuals who became unemployed on or after March 23, 2020, the individual will be considered to have been laid off due to a lack of work when:

(1)(a) The individual was prohibited by a government official from working outside their home or place of residence as a result of COVID-19; and

(b) The individual does not have the ability to telework with pay; or

(2)(a) The individual was not prohibited by a government official from working outside their home or place of residence as a result of COVID-19; and

(b) The individual is either:

(i) A person identified by the centers for disease control as someone at high-risk for severe illness from COVID-19;

(ii) In the same household as a person identified by the centers for disease control as someone at high-risk for severe illness from COVID-19;

(iii) Providing direct care to a person identified by the centers for disease control as someone at high-risk for severe illness from COVID-19; or

(iv) Working at a worksite outside of the individual's home or place of residence that does not follow rules or guidelines published by the United States Department of Labor, the Washington department of labor and industries, or the Washington department of health for protecting workers from COVID-19 exposure; and