5963-S AMS KOHL NICH 020
SSB 5963 - S AMD 96
By Senators Kohl-Welles and Keiser
WITHDRAWN 3/11/2009
On page 17, line 28, strike all of Section 3 and insert the following:
"Sec. 3. RCW 50.20.050 and 2008 c 323 s 1 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 and for separations that occur
before September 6, 2009:
(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;
(x) The individual's usual work was changed to work that violates the individual's religious convictions or sincere moral beliefs; or
(xi) The individual left work to enter an apprenticeship program approved by the Washington state apprenticeship training council. Benefits are payable beginning Sunday of the week prior to the week in which the individual begins active participation in the apprenticeship program.
(2) With respect to separations that occur on or after September 6, 2009:
(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 only under the following circumstances:
(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) The claimant: (A) Left work to
relocate for the employment of a spouse or domestic partner that is outside the
existing labor market area; and (B) 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;
(x) The individual's usual work was changed to work that violates the individual's religious convictions or sincere moral beliefs; or
(xi) The individual left work to enter an apprenticeship program approved by the Washington state apprenticeship training council. Benefits are payable beginning Sunday of the week prior to the week in which the individual begins active participation in the apprenticeship program.
(c) The department may determine that other work-connected circumstances may constitute good cause if the individual can show that continuing in the employment would work an unreasonable hardship on the individual. "Unreasonable hardship" means a result not due to the individual's voluntary action that would cause a reasonable person to leave that employment. The circumstances must be based on existing facts, not conjecture, and the reasons for leaving work must be significant. An individual seeking to demonstrate unreasonable hardship must show:
(i) The individual left work primarily for reasons connected with their employment;
(ii) The work connected reasons were of such a compelling nature they would have cause a reasonably prudent person to leave work; and
(iii) The individual first exhausted all reasonable alternatives before leaving work, or that pursuing reasonable alternatives would have been futile."
Renumber the sections consecutively and correct any internal references accordingly.
EFFECT: Provides that an individual has good cause to quit work only for one of the listed good cause quit provisions. Provides that ESD has the discretion to determine other work-related good cause quit reasons in addition to the ones listed if the individual can show that continuing in the employment would work an unreasonable hardship on the individual.
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