WSR 21-11-052

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT

[Filed May 13, 2021, 3:06 p.m.]

Subject of Possible Rule Making: The employment security department (ESD) is seeking to adopt rules regarding unemployment benefits eligibility for health care workers during a public health emergency to implement ESSB 5190 (2021).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 and 50.12.040 provide general rule-making authority to ESD. ESSB 5190, sections 2 and 3, addresses the availability requirements and good cause basis to quit work for health care workers during a public health emergency.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESD seeks to provide clear and usable guidance for the public regarding unemployment benefits for health care workers during a public health emergency, as directed by ESSB 5190.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor (USDOL) reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of the unemployment insurance laws so long as conformity is maintained. The proposed regulations will be shared with USDOL prior to adoption.

Process for Developing New Rule: Draft rules will be shared with the public and stakeholders. The department will solicit input from all parties and consider all comments in the development of final rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Joshua Dye, P.O. Box 9046, phone 360-890-3472, fax 844-652-7096, TTY relay 711, email Rules@esd.wa.gov, website https://esd.wa.gov/newsroom/rulemaking/benefits.

May 13, 2021

Dan Zeitlin

Employment Security

Policy Director