H-1485.1

SUBSTITUTE HOUSE BILL 1682

ByHouse Labor & Workplace Standards (originally sponsored by Representatives Ortiz-Self, Berry, Simmons, Gregerson, Doglio, Reed, Scott, and Pollet)

AN ACT Relating to part-time workers in the unemployment insurance system; amending RCW 50.20.100 and 50.20.119; and adding a new section to chapter 50.20 RCW.

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

Sec. 1. RCW 50.20.100 and 2021 c 2 s 11 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 degree of risk to the health of those residing with the individual during a public health emergency, 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, 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)(a) For part-time workers as defined in RCW 50.20.119 with claims that have an effective date before August 3, 2025, 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.

Sec. 2. RCW 50.20.119 and 2006 c 13 s 15 are each amended to read as follows:

(1) With respect to claims that have an effective date on or after January 2, 2005, and before August 3, 2025, an otherwise eligible individual may not be denied benefits for any week because the individual is a part-time worker and is available for, seeks, applies for, or accepts only work of ((seventeen))17 or fewer hours per week by reason of the application of RCW 50.20.010(1)(c), 50.20.080, or 50.22.020(1) relating to availability for work and active search for work, or failure to apply for or refusal to accept suitable work.

(2) For purposes of this section, "part-time worker" means an individual who: (a) Earned wages in "employment" in at least ((forty))40 weeks in the individual's base year; and (b) did not earn wages in "employment" in more than ((seventeen))17 hours per week in any weeks in the individual's base year.

NEW SECTION.  Sec. 3. A new section is added to chapter 50.20 RCW to read as follows:

With respect to claims that have an effective date on or after August 3, 2025:

(1) For the purposes of applying RCW 50.20.010(1)(c), 50.20.080, or 50.22.020(1) concerning availability for work and active search for work, or failure to apply for or refusal to accept suitable work, an otherwise eligible individual may not be denied benefits for any week because the individual is a part-time worker and is available for and seeks work that is for a number of hours per week equal to or more than the individual's average number of weekly hours in the individual's base year.

(2) An otherwise eligible individual who was not a part-time worker in the individual's base year may not be denied benefits for any week based on the individual being unavailable for full-time work if:

(a) The individual has become unable to work full time as a result of: The individual's illness; the death, illness, or disability of a family member; the care for a child or a vulnerable adult in the individual's care becoming inaccessible; or the need to protect the individual or a member of the individual's immediate family from domestic violence, as defined in RCW 7.105.010, or stalking, as defined in RCW 9A.46.110; and

(b) The individual is available for and seeks work that is for at least 20 hours per week.

(3) For the purposes of this section, "part-time worker" means an individual who:

(a) Earned wages in "employment" in at least 40 weeks in the individual's base year; and

(b) Worked, on average, less than 35 hours per week.

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