BILL REQ. #:  S-1749.3 

Read first time 02/19/2007.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to unemployment insurance voluntary quit provisions; amending RCW 50.20.050 and 50.20.100; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the changes in chapter 4, Laws of 2003 2nd sp. sess. to the voluntary quit portions of the state's unemployment compensation laws have disproportionately affected women. The legislature finds that the December 2006 report by the employment security department on their review of unemployment claims filed from July 1, 2004, through June 30, 2005, indicates that the three categories of reasons why people who were denied benefits left their jobs was due to factors such as reduction in hours or wages; domestic or marital responsibilities; and illness or disability of the claimant or an immediate family member. Of these categories, domestic or marital responsibility showed the most significant disparity along gender lines. The legislature finds that more than seventy-one percent of all denials in this category were women. The legislature declares that the previous changes to the voluntary quit provisions had an unexpected gender impact and that this impact should be remedied.

Sec. 2   RCW 50.20.050 and 2006 c 13 s 2 are each amended to read as follows:
     (1) With respect to claims that have an effective date before January 4, 2004:
     (a) An individual shall be disqualified from benefits beginning with the first day of the calendar week in which he or she has left work voluntarily without good cause and thereafter for seven calendar weeks and until he or she has obtained bona fide work in employment covered by this title and earned wages in that employment equal to seven times his or her weekly benefit amount.
     The disqualification shall continue if the work obtained is a mere sham to qualify for benefits and is not bona fide work. In determining whether work is of a bona fide nature, the commissioner shall consider factors including but not limited to the following:
     (i) The duration of the work;
     (ii) The extent of direction and control by the employer over the work; and
     (iii) The level of skill required for the work in light of the individual's training and experience.
     (b) An individual shall not be considered to have left work voluntarily without good cause when:
     (i) He or she has left work to accept a bona fide offer of bona fide work as described in (a) of this subsection;
     (ii) The separation was because of the illness or disability of the claimant or the death, illness, or disability of a member of the claimant's immediate family if the claimant took all reasonable precautions, in accordance with any regulations that the commissioner may prescribe, to protect his or her employment status by having promptly notified the employer of the reason for the absence and by having promptly requested reemployment when again able to assume employment((: PROVIDED, That)). These precautions need not have been taken when they would have been a futile act, including those instances when the futility of the act was a result of a recognized labor/management dispatch system;
     (iii) He or she has left work to relocate for the spouse's employment that is due to an employer-initiated mandatory transfer that is outside the existing labor market area if the claimant remained employed as long as was reasonable prior to the move; or
     (iv) The separation was necessary to protect the claimant or the claimant's immediate family members from domestic violence, as defined in RCW 26.50.010, or stalking, as defined in RCW 9A.46.110.
     (c) In determining under this subsection whether an individual has left work voluntarily without good cause, the commissioner shall only consider work-connected factors such as the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness for the work, the individual's ability to perform the work, and such other work connected factors as the commissioner may deem pertinent, including state and national emergencies. Good cause shall not be established for voluntarily leaving work because of its distance from an individual's residence where the distance was known to the individual at the time he or she accepted the employment and where, in the judgment of the department, the distance is customarily traveled by workers in the individual's job classification and labor market, nor because of any other significant work factor which was generally known and present at the time he or she accepted employment, unless the related circumstances have so changed as to amount to a substantial involuntary deterioration of the work factor or unless the commissioner determines that other related circumstances would work an unreasonable hardship on the individual were he or she required to continue in the employment.
     (d) Subsection (1)(a) and (c) of this section shall not apply to an individual whose marital status or domestic responsibilities cause him or her to leave employment. Such an individual shall not be eligible for unemployment insurance benefits beginning with the first day of the calendar week in which he or she left work and thereafter for seven calendar weeks and until he or she has requalified, either by obtaining bona fide work in employment covered by this title and earning wages in that employment equal to seven times his or her weekly benefit amount or by reporting in person to the department during ten different calendar weeks and certifying on each occasion that he or she is ready, able, and willing to immediately accept any suitable work which may be offered, is actively seeking work pursuant to customary trade practices, and is utilizing such employment counseling and placement services as are available through the department. This subsection does not apply to individuals covered by (b)(ii) or (iii) of this subsection.
     (2) With respect to claims that have an effective date on or after January 4, 2004:
     (a) An individual shall be disqualified from benefits beginning with the first day of the calendar week in which he or she has left work voluntarily without good cause and thereafter for seven calendar weeks and until he or she has obtained bona fide work in employment covered by this title and earned wages in that employment equal to seven times his or her weekly benefit amount.
     The disqualification shall continue if the work obtained is a mere sham to qualify for benefits and is not bona fide work. In determining whether work is of a bona fide nature, the commissioner shall consider factors including but not limited to the following:
     (i) The duration of the work;
     (ii) The extent of direction and control by the employer over the work; and
     (iii) The level of skill required for the work in light of the individual's training and experience.
     (b) An individual is not disqualified from benefits under (a) of this subsection when:
     (i) He or she has left work to accept a bona fide offer of bona fide work as described in (a) of this subsection;
     (ii) The separation was necessary because of the illness or disability of the claimant or the death, illness, or disability of a member of the claimant's immediate family if:
     (A) The claimant pursued all reasonable alternatives to preserve his or her employment status by requesting a leave of absence, by having promptly notified the employer of the reason for the absence, and by having promptly requested reemployment when again able to assume employment. These alternatives need not be pursued, however, when they would have been a futile act, including those instances when the futility of the act was a result of a recognized labor/management dispatch system; and
     (B) The claimant terminated his or her employment status, and is not entitled to be reinstated to the same position or a comparable or similar position;
     (iii)(A) With respect to claims that have an effective date before July 2, 2006, he or she: (I) Left work to relocate for the spouse's employment that, due to a mandatory military transfer: (1) Is outside the existing labor market area; and (2) is in Washington or another state that, pursuant to statute, does not consider such an individual to have left work voluntarily without good cause; and (II) remained employed as long as was reasonable prior to the move;
     (B) With respect to claims that have an effective date on or after July 2, 2006, he or she: (I) Left work to relocate for the spouse's employment that, due to a mandatory military transfer, is outside the existing labor market area; and (II) remained employed as long as was reasonable prior to the move;
     (iv) The separation was necessary to protect the claimant or the claimant's immediate family members from domestic violence, as defined in RCW 26.50.010, or stalking, as defined in RCW 9A.46.110;
     (v) The individual's usual compensation was reduced by twenty-five percent or more;
     (vi) The individual's usual hours were reduced by twenty-five percent or more;
     (vii) The individual's worksite changed, such change caused a material increase in distance or difficulty of travel, and, after the change, the commute was greater than is customary for workers in the individual's job classification and labor market;
     (viii) The individual's worksite safety deteriorated, the individual reported such safety deterioration to the employer, and the employer failed to correct the hazards within a reasonable period of time;
     (ix) The individual left work because of illegal activities in the individual's worksite, the individual reported such activities to the employer, and the employer failed to end such activities within a reasonable period of time; or
     (x) The individual's usual work was changed to work that violates the individual's religious convictions or sincere moral beliefs.
     (3) With respect to claims that have an effective date after January 4, 2008:
     (a) An individual is disqualified from benefits beginning with the first day of the calendar week in which he or she has left work voluntarily without good cause and thereafter for seven calendar weeks and until he or she has obtained bona fide work in employment covered by this title and earned wages in that employment equal to seven times his or her weekly benefit amount.
     The disqualification continues if the work obtained is a mere sham to qualify for benefits and is not bona fide work. In determining whether work is of a bona fide nature, the commissioner shall consider factors including but not limited to the following:
     (i) The duration of the work;
     (ii) The extent of direction and control by the employer over the work; and
     (iii) The level of skill required for the work in light of the individual's training and experience.
     (b) An individual is considered to have left work voluntarily and with good cause of a necessitous and compelling nature when:
     (i) He or she left work to accept a bona fide offer of bona fide work as described in (a) of this subsection;
     (ii) The separation was because of the illness or disability of the claimant or the death, illness, or disability of a member of the claimant's immediate family if the claimant took all reasonable precautions, in accordance with any regulations that the commissioner may prescribe, to protect his or her employment status by having promptly notified the employer of the reason for the absence and by having promptly requested reemployment when again able to assume employment. These precautions need not have been taken when they would have been a futile act, including those instances when the futility of the act was a result of a recognized labor/management dispatch system;
     (iii) He or she left work for reasons attributable to the employer, including leaving as a result of changes in conditions created by the individual's employer;
     (iv) He or she left work to accompany his or her spouse or domestic partner to a place from which it is impractical to commute to the employment. For purposes of this section, "spouse" includes a person to whom marriage is imminent;
     (v) He or she left work because of an undue family hardship. An undue family hardship arises when an individual is unable to obtain (A) child care for a minor child who is in the legally recognized custody of the individual; (B) elder care for an aged or disabled parent of the individual; or (C) care for any disabled member of that individual's immediate family;
     (vi) The separation was necessary to protect the claimant or the claimant's immediate family members from domestic violence, as defined in RCW 26.50.010, or stalking, as defined in RCW 9A.46.110; or
     (vii) He or she left work after making a good faith complaint about violations of civil or criminal law to the employer or other competent authorities, and the complaint was not corrected after a reasonable period of time.
     (c) In determining under this subsection whether an individual has left work voluntarily without good cause, the commissioner shall consider the following factors, including the factors listed in (b)(i) through (vi) of this subsection, such as the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness for the work, the individual's ability to perform the work, and such other factors as the commissioner may deem pertinent, including state and national emergencies. Good cause is not established for voluntarily leaving work because of its distance from an individual's residence when the distance was known to the individual at the time he or she accepted the employment and when, in the judgment of the department, the distance is customarily traveled by workers in the individual's job classification and labor market. Good cause is not established because of any other significant work factor which was generally known and present at the time he or she accepted employment, unless the related circumstances have so changed as to amount to a substantial involuntary deterioration of the work factor or unless the commissioner determines that other related circumstances would work an unreasonable hardship on the individual were he or she required to continue in the employment.

Sec. 3   RCW 50.20.100 and 2006 c 13 s 14 are each amended to read as follows:
     (1) Suitable work for an individual is employment in an occupation in keeping with the individual's prior work experience, education, or training and if the individual has no prior work experience, special education, or training for employment available in the general area, then employment which the individual would have the physical and mental ability to perform. In determining whether work is suitable for an individual, the commissioner shall also consider the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness, the individual's length of unemployment and prospects for securing local work in the individual's customary occupation, the distance of the available work from the individual's residence, whether an individual would have good cause under RCW 50.20.050 for leaving work under similar circumstances, and such other factors as the commissioner may deem pertinent, including state and national emergencies.
     (2) For individuals with base year work experience in agricultural labor, any agricultural labor available from any employer shall be deemed suitable unless it meets conditions in RCW 50.20.110 or the commissioner finds elements of specific work opportunity unsuitable for a particular individual.
     (3) For part-time workers as defined in RCW 50.20.119, suitable work includes suitable work under subsection (1) of this section that is for seventeen or fewer hours per week.
     (4) For individuals who have qualified for unemployment compensation benefits under RCW 50.20.050 (1)(b)(iv) or (2)(b)(iv), as applicable, an evaluation of the suitability of the work must consider the individual's need to address the physical, psychological, legal, and other effects of domestic violence or stalking.