WSR 97-11-086

PREPROPOSAL STATEMENT OF INQUIRY

EMPLOYMENT SECURITY DEPARTMENT

[Filed May 21, 1997, 11:45 a.m.]

Subject of Possible Rule Making: To clarify the department's decision-making process for awarding or denying unemployment insurance benefits to pregnant claimants.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 Commissioner's duties and powers, 50.12.040 Rules and regulations, 50.20.010 Benefit eligibility conditions.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These rules are proposed as a settlement agreement in the case of Gachen and Booser, representatives of a class, vs. ESD. As proposed, the department would provide a directive to claimants who leave work due to pregnancy; treat disability resulting from pregnancy the same as other medical disabilities when determining eligibility for unemployment benefits; consider whether an employer offered reasonable accommodation before deeming a claimant unavailable for work; and not deem a pregnant claimant unavailable for work solely because of a voluntary leave of absence.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of unemployment insurance laws as long as conformity is maintained. The proposed regulations will be shared with USDOL Region X staff prior to adoption.

Process for Developing New Rule: Meetings with stakeholders and other interested parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Persons interested in participating in meetings and/or informal workgroups to discuss the proposed regulations should contact Graeme Sackrison, Chief, UI Program Analysis, Unemployment Insurance Division, P.O. Box 9046, Olympia, WA 98504-9046, phone (360) 902-9339, FAX (360) 902-9799.

May 15, 1997

Carver Gayton