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HOUSE BILL 1248
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Passed Legislature ‑
2002 Regular Session
State of Washington 57th
Legislature 2001 Regular Session
By
Read
first time 01/22/2001. Referred to Committee on Commerce & Labor. Providing unemployment insurance benefits for victims of
domestic violence or stalking.
_1 AN
ACT Relating to allowing victims of domestic violence or
_2 stalking
to receive unemployment insurance benefits; and amending
_3 RCW
50.20.050, 50.20.100, 50.20.240, and 50.29.020.
_4 BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_5 Sec. 1. RCW 50.20.050
and 2000 c 2 s 12 are each amended to read
_6 as
follows:
_7 (1)
An individual shall be disqualified from benefits beginning
_8 with
the first day of the calendar week in which he or she has
_9 left
work voluntarily without good cause and thereafter for seven
10 calendar
weeks and until he or she has obtained bona fide work in
11 employment
covered by this title and earned wages in that
12 employment
equal to seven times his or her weekly benefit amount.
13 The
disqualification shall continue if the work obtained is a
14 mere
sham to qualify for benefits and is not bona fide work. In
15 determining
whether work is of a bona fide nature, the
16 commissioner
shall consider factors including but not limited to
17 the
following:
18 (a)
The duration of the work;
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1 HB 1248.PL
_1 (b)
The extent of direction and control by the employer over
_2 the
work; and
_3 (c)
The level of skill required for the work in light of the
_4 individual's
training and experience.
_5 (2)
An individual shall not be considered to have left work
_6 voluntarily
without good cause when:
_7 (a)
He or she has left work to accept a bona fide offer of bona
_8 fide
work as described in subsection (1) of this section;
_9 (b)
The separation was because of the illness or disability of
10 the
claimant or the death, illness, or disability of a member of
11 the
claimant's immediate family if the claimant took all
12 reasonable
precautions, in accordance with any regulations that
13 the
commissioner may prescribe, to protect his or her employment
14 status
by having promptly notified the employer of the reason for
15 the
absence and by having promptly requested reemployment when
16 again
able to assume employment: PROVIDED, That these precautions
17 need
not have been taken when they would have been a futile act,
18 including
those instances when the futility of the act was a
19 result
of a recognized labor/management dispatch system; ((or))
20 (c)
He or she has left work to relocate for the spouse's
21 employment
that is due to an employer-initiated mandatory transfer
22 that
is outside the existing labor market area if the claimant
23 remained
employed as long as was reasonable prior to the move; or
24 (d)
The separation was necessary to protect the claimant or the
25 claimant's
immediate family members from domestic violence, as
26 defined
in RCW 26.50.010, or stalking, as defined in RCW
27 9A.46.110.
28 (3)
In determining under this section whether an individual has
29 left
work voluntarily without good cause, the commissioner shall
30 only
consider work-connected factors such as the degree of risk
31 involved
to the individual's health, safety, and morals, the
32 individual's
physical fitness for the work, the individual's
33 ability
to perform the work, and such other work connected factors
34 as the
commissioner may deem pertinent, including state and
35 national
emergencies. Good cause shall not be established for
36 voluntarily
leaving work because of its distance from an
37 individual's
residence where the distance was known to the
38 individual
at the time he or she accepted the employment and
HB 1248.PL p.
2
_1 where,
in the judgment of the department, the distance is
_2 customarily
traveled by workers in the individual's job
_3 classification
and labor market, nor because of any other
_4 significant
work factor which was generally known and present at
_5 the
time he or she accepted employment, unless the related
_6 circumstances
have so changed as to amount to a substantial
_7 involuntary
deterioration of the work factor or unless the
_8 commissioner
determines that other related circumstances would
_9 work
an unreasonable hardship on the individual were he or she
10 required
to continue in the employment.
11 (4)
Subsections (1) and (3) of this section shall not apply to
12 an
individual whose marital status or domestic responsibilities
13 cause
him or her to leave employment. Such an individual shall not
14 be
eligible for unemployment insurance benefits beginning with the
15 first
day of the calendar week in which he or she left work and
16 thereafter
for seven calendar weeks and until he or she has
17 requalified,
either by obtaining bona fide work in employment
18 covered
by this title and earning wages in that employment equal
19 to
seven times his or her weekly benefit amount or by reporting in
20 person
to the department during ten different calendar weeks and
21 certifying
on each occasion that he or she is ready, able, and
22 willing
to immediately accept any suitable work which may be
23 offered,
is actively seeking work pursuant to customary trade
24 practices,
and is utilizing such employment counseling and
25 placement
services as are available through the department. This
26 subsection
does not apply to individuals covered by subsection
27 (2)(b)
or (c) of this section.
28 Sec. 2. RCW 50.20.100
and 1989 c 380 s 80 are each amended to read
29 as
follows:
30 (1)
Suitable work for an individual is employment in an
31 occupation
in keeping with the individual's prior work experience,
32 education,
or training and if the individual has no prior work
33 experience,
special education, or training for employment
34 available
in the general area, then employment which the
35 individual
would have the physical and mental ability to
36 perform((,
and for individuals with base year work experience in
37 agricultural
labor, any agricultural labor available from any
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3 HB 1248.PL
_1 employer
shall be deemed suitable unless it meets the conditions
_2 in
RCW 50.20.110 or the commissioner finds elements of specific
_3 work
opportunity unsuitable for a particular individual)). In
_4 determining
whether work is suitable for an individual, the
_5 commissioner
shall also consider the degree of risk involved to
_6 the
individual's health, safety, and morals, the individual's
_7 physical
fitness, the individual's length of unemployment and
_8 prospects
for securing local work in the individual's customary
_9 occupation,
the distance of the available work from the
10 individual's
residence, and such other factors as the commissioner
11 may
deem pertinent, including state and national emergencies.
12 (2)
For individuals with base year work experience in
13 agricultural
labor, any agricultural labor available from any
14 employer
shall be deemed suitable unless it meets conditions in
15 RCW
50.20.110 or the commissioner finds elements of specific work
16 opportunity
unsuitable for a particular individual.
17 (3)
For individuals who have qualified for unemployment
18 compensation
benefits under RCW 50.20.050(2)(d), an evaluation of
19 the
suitability of the work must consider the individual's need to
20 address
the physical, psychological, legal, and other effects of
21 domestic
violence or stalking.
22 Sec. 3. RCW 50.20.240
and 1998 c 161 s 4 are each amended to read
23 as
follows:
24 To
ensure that following the initial application for benefits,
25 an
individual is actively engaged in searching for work, effective
26 July
1, 1999, the employment security department shall implement a
27 job
search monitoring program. Except for those individuals with
28 employer
attachment or union referral, individuals who qualify for
29 unemployment
compensation under RCW 50.20.050(2)(d), and
30 individuals
in commissioner-approved training, an individual who
31 has
received five or more weeks of benefits under this title must
32 provide
evidence of seeking work, as directed by the commissioner
33 or (([the]))
the commissioner's agents, for each week beyond five
34 in
which a claim is filed. The evidence must demonstrate contacts
35 with
at least three employers per week or documented in-person job
36 search
activity at the local reemployment center. In developing the
37 requirements
for the job search monitoring program, the
HB 1248.PL p.
4
_1 commissioner
or the commissioner's agents shall utilize an
_2 existing
advisory committee having equal representation of
_3 employers
and workers.
_4 Sec. 4. RCW 50.29.020
and 2000 c 2 s 3 are each amended to read as
_5 follows:
_6 (1)
An experience rating account shall be established and
_7 maintained
for each employer, except employers as described in RCW
_8 50.44.010
and 50.44.030 who have properly elected to make payments
_9 in
lieu of contributions, taxable local government employers as
10 described
in RCW 50.44.035, and those employers who are required
11 to
make payments in lieu of contributions, based on existing
12 records
of the employment security department. Benefits paid to any
13 eligible
individuals shall be charged to the experience rating
14 accounts
of each of such individual's employers during the
15 individual's
base year in the same ratio that the wages paid by
16 each
employer to the individual during the base year bear to the
17 wages
paid by all employers to that individual during that base
18 year,
except as otherwise provided in this section.
19 (2)
The legislature finds that certain benefit payments, in
20 whole
or in part, should not be charged to the experience rating
21 accounts
of employers except those employers described in RCW
22 50.44.010
and 50.44.030 who have properly elected to make payments
23 in
lieu of contributions, taxable local government employers
24 described
in RCW 50.44.035, and those employers who are required
25 to
make payments in lieu of contributions, as follows:
26 (a)
Benefits paid to any individuals later determined to be
27 ineligible
shall not be charged to the experience rating account
28 of any
contribution paying employer.
29 (b)
Benefits paid to an individual filing under the provisions
30 of
chapter 50.06 RCW shall not be charged to the experience rating
31 account
of any contribution paying employer only if:
32 (i)
The individual files under RCW 50.06.020(1) after receiving
33 crime
victims' compensation for a disability resulting from a
34 nonwork-related
occurrence; or
35 (ii)
The individual files under RCW 50.06.020(2).
36 (c)
Benefits paid which represent the state's share of benefits
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_1 payable
as extended benefits defined under RCW 50.22.010(6) shall
_2 not be
charged to the experience rating account of any
_3 contribution
paying employer.
_4 (d)
In the case of individuals who requalify for benefits under
_5 RCW
50.20.050 or 50.20.060, benefits based on wage credits earned
_6 prior
to the disqualifying separation shall not be charged to the
_7 experience
rating account of the contribution paying employer from
_8 whom
that separation took place.
_9 (e)
Individuals who qualify for benefits under RCW
10 50.20.050(2)(d)
shall not have their benefits charged to the
11 experience
rating account of any contribution paying employer.
12 (f)
In the case of individuals identified under RCW 50.20.015,
13 benefits
paid with respect to a calendar quarter, which exceed the
14 total
amount of wages earned in the state of Washington in the
15 higher
of two corresponding calendar quarters included within the
16 individual's
determination period, as defined in RCW 50.20.015,
17 shall
not be charged to the experience rating account of any
18 contribution
paying employer.
19 (((f)))
(g) Benefits paid under RCW 50.22.150 shall not be
20 charged
to the experience rating account of any contribution
21 paying
employer.
22 (3)(a)
A contribution-paying base year employer, not otherwise
23 eligible
for relief of charges for benefits under this section,
24 may
receive such relief if the benefit charges result from payment
25 to an
individual who:
26 (i)
Last left the employ of such employer voluntarily for
27 reasons
not attributable to the employer;
28 (ii)
Was discharged for misconduct connected with his or her
29 work
not a result of inability to meet the minimum job
30 requirements;
31 (iii)
Is unemployed as a result of closure or severe
32 curtailment
of operation at the employer's plant, building, work
33 site,
or other facility. This closure must be for reasons directly
34 attributable
to a catastrophic occurrence such as fire, flood, or
35 other
natural disaster; or
36 (iv)
Continues to be employed on a regularly scheduled
37 permanent
part-time basis by a base year employer and who at some
38 time
during the base year was concurrently employed and
HB 1248.PL p.
6
_1 subsequently
separated from at least one other base year
_2 employer.
Benefit charge relief ceases when the employment
_3 relationship
between the employer requesting relief and the
_4 claimant
is terminated. This subsection does not apply to shared
_5 work
employers under chapter 50.60 RCW.
_6 (b)
The employer requesting relief of charges under this
_7 subsection
must request relief in writing within thirty days
_8 following
mailing to the last known address of the notification of
_9 the
valid initial determination of such claim, stating the date
10 and
reason for the separation or the circumstances of continued
11 employment.
The commissioner, upon investigation of the request,
12 shall
determine whether relief should be granted.
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