EMPLOYMENT SECURITY DEPARTMENT

[Filed April 1, 2025, 1:54 p.m., effective May 2, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 192-150-110 provides guidance on the requirements for establishing good cause to quit work if an individual quits work to relocate for their spouse or domestic partner's employment that is due to a mandatory military transfer. Currently, WAC 192-150-110(3) defines military as including the following: United States (U.S.) Navy, U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Coast Guard, activated reserve members of any of these service branches, activated members of the National Guard, commissioned officers of the National Oceanographic and Atmospheric Administration, and commissioned officers of the regular or reserve corps of the U.S. Public Health Service. This list of military branches in the rule does not include the U.S. Space Force. The employment security department (department) is amending WAC 192-150-110 to expand the definition of military so that it explicitly includes all branches of the U.S. Armed Forces.

Citation of Rules Affected by this Order: Amending WAC 192-150-110.

Statutory Authority for Adoption: RCW 50.12.010, 50.12.042, and 50.12.040 provide general rule-making authority to the department. RCW 50.20.050 defines disqualification for leaving work voluntarily without good cause. Specifically, under RCW 50.20.050 (2)(b)(iii), a claimant has good cause to quit when they (1) left work to relocate for the employment of a spouse or domestic partner that is outside the existing labor market area; and (2) remained employed as long as was reasonable prior to the move.

Adopted under notice filed as WSR 25-03-024 on January 7, 2025.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2025.

Employment System Policy and Integrity

AMENDATORY SECTION(Amending WSR 17-17-129, filed 8/22/17, effective 9/22/17)

WAC 192-150-110Mandatory military transfers—RCW 50.20.050 (2)(b)(iii).

(1) Any military transfer is considered mandatory if your spouse or domestic partner receives orders from the military to relocate to a new duty station, regardless of whether the transfer is temporary or permanent.

(2) You may show good cause to quit work if you relocate for your spouse or domestic partner's employment that was due to a mandatory military transfer if:

(a) Your spouse or domestic partner's new duty station is outside your existing labor market; and

(b) You continued to work for your previous employer for as long as was reasonable prior to the move.

(3) For purposes of this section, the term "military" includes the following: ((U.S. Navy, U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Coast Guard))Member of the United States Armed Forces as defined by 10 U.S.C. 101 (a)(4), activated reserve members of any of these service branches, activated members of the National Guard, commissioned officers of the National Oceanographic and Atmospheric Administration, and commissioned officers of the regular or reserve corps of the U.S. Public Health Service.

(4) Good cause for quitting work is not established under this section if:

(a) You quit work to return to your home of record or to another location rather than accompanying your spouse or domestic partner to a new duty location; or

(b) Your spouse or domestic partner leaves military service and you elect to relocate to your home of record or elsewhere.