Washington Administrative Code

(1) The department will presume you are not unemployed as provided in RCW 50.04.310 if you report that you received holiday, vacation, sick, or other paid time off pay and the respective amount paid, and do not respond to a request for specific information about the holiday, vaca…

(1) If your eligibility for benefits is based on employment as a participant in sports or athletic events and you do not respond to a request for information, the department will presume you have reasonable assurance of performing similar services in the upcoming season.(2) The d…

(1) If your eligibility for benefits is based on services to an educational institution, evidence shows you have reasonable assurance of returning to work after the school holiday or break, and you do not respond to a request for information about reasonable assurance, the depart…

(1) The department will presume you are receiving retirement pay in an amount greater than your weekly benefit amount and contributed to only by a base period employer if:(a) You report that you have applied for retirement pay or your retirement pay has changed since your last cl…

(1) Benefits will be denied or reduced in accordance with WAC 192-170-020 without requiring additional information or interview if you file a weekly claim that:(a) States you were not available for work or were not able to work for at least forty hours during the week during the …

If you report that you have returned to full-time work or report hours worked that are consistent with full-time work for that occupation, this information is sufficient to find that you are no longer an unemployed individual as defined in RCW 50.04.310.[Statutory Authority: RCW …

If you do not respond to a request for information about your corporate officer status, the department will presume you are not unemployed and benefits will be denied under RCW 50.04.310. This denial will continue until you show you are unemployed as defined under RCW 50.04.310.[…

Interpret and implement the provisions of chapter 50.13 RCW concerning the privacy and confidentiality of information or records held by the employment security department.[Statutory Authority: RCW 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-070, § 192-15-50…

(1) Applications by government agencies for information or records deemed private and confidential by chapter 50.13 RCW shall be made:(a) To the public records officer as defined in WAC 192-02-020(2); and(b) Pursuant to WAC 192-02-060.(2) If the public records officer:(a) Is reas…

An employee called to testify in a judicial or administrative proceeding shall not disclose information or records deemed private and confidential under chapter 50.13 RCW, unless:(1) The presiding officer makes a finding that the need for the disclosure outweighs any reasons for …

(1) The department may provide incidental access to private or confidential information and records by private parties who are assisting the department in such areas as data processing and collection of employment security contributions pursuant to RCW 50.13.080.(2) Persons provi…

(1) Consent to release of information or records deemed private and confidential under RCW 50.13.100 shall be liberally interpreted so that the department may release information or records to third parties who supply the department with reasonable written or oral assurances of t…

Chapter 50.13 RCW shall not be interpreted to prevent the employment security department from:(1) Disclosing information in carrying out the department's duties under Title 50 RCW or under any other program for which the department is responsible;(2) Disclosing information to the…

If you leave work to accept a bona fide offer of employment, you will have good cause within the meaning of RCW 50.20.050 if you satisfactorily demonstrate that:(1) Prior to leaving work, you received a definite offer of employment; and(2) You had a reasonable basis for believing…

(1) For separations occurring before September 3, 2023:(a) General rule. To establish good cause for leaving work voluntarily because of your illness or disability or the illness, disability, or death of a member of your immediate family, you must demonstrate that:(i) You left wo…

(1) If you leave work because of a disability you must notify your employer about your disabling condition before the date you leave work or begin a leave of absence. Notice to the employer shall include any known restrictions on the type or hours of work you may perform.(2) Any …

For separations occurring on or after July 7, 2024, and before July 8, 2029:(1) General rule. To establish good cause for leaving work voluntarily because the care for a child or vulnerable adult in your care is inaccessible, you must demonstrate that:(a) You left work primarily …

(1) Benefits may be denied under RCW 50.20.050 for voluntarily leaving work, RCW 50.20.060 for being discharged for misconduct, and RCW 50.20.080 for refusing an offer of suitable work or job referral. The denial of benefits will continue indefinitely until you show that:(a) At l…

(1) You will not be considered to have been separated from employment for a disqualifying reason when:(a) Your employer takes the first action in the separation process by announcing in writing to its employees that:(i) The employer plans to reduce its work force through a layoff…

(1) Any military transfer is considered mandatory if your spouse or domestic partner receives orders from the military to relocate to a new duty station, regardless of whether the transfer is temporary or permanent.(2) You may show good cause to quit work if you relocate for your…

To constitute good cause for leaving work, your job separation must have been necessary to protect yourself or a member of your immediate family from domestic violence or stalking.(1) Immediate family is defined as your spouse, domestic partner, and the children (including your u…

(1) As a condition of eligibility for benefits, you are not required to exhaust reasonable alternatives prior to leaving work.(2) The amount of notice you provide to your employer will not be a factor in evaluating whether you had good cause to leave work under this section. You …

(1) "Compensation" means remuneration as defined in RCW 50.04.320.(2) "Usual" includes amounts actually paid to you by your employer or, if payment has not yet been made, the compensation agreed upon by you and your employer as part of your hiring agreement. For a driver of a tra…

(1) Your "usual hours" will be determined based on:(a) The hours of work agreed on by you and your employer as part of your individual hiring agreement;(b) For seasonal jobs, the number of hours you customarily work during the season;(c) For piecework, the number of hours you cus…

(1) The location of your employment must have changed due to employer action. The change must have:(a) Substantially increased the distance you travel to the new worksite or increased the difficulty or inconvenience of travel; and(b) Resulted in a commute distance or time that is…

(1) At the time of hire, you can reasonably expect that your worksite complies with applicable federal and state health and safety regulations. If, after beginning work or accepting the job offer, you become aware of a safety issue that was not previously disclosed by your employ…

(1) Illegal activities include violations of both civil and criminal law.(2) To establish good cause for quitting work under this section, you must notify your employer of the illegal activity and give your employer a reasonable period of time to correct the situation. You are no…

(1) For purposes of this section, "usual work" means job duties or conditions:(a) Originally agreed upon by you and your employer in your hiring agreement; or(b) Customary for workers in your job classification; or(c) You consistently performed during your base period; or(d) Mutu…

(1) If you quit work due to a change in working conditions that meets the requirements of RCW 50.20.050 (2)(b)(v) through (x) or (xiv), the department will not deny benefits solely on the basis that you continued working for a brief period of time following the change. However, y…

(1) Section 3304 (a)(5) of the Federal Unemployment Tax Act and RCW 50.20.110 state that you cannot be denied benefits if you refuse to accept new work when the wages, hours, or other working conditions are substantially less favorable than those prevailing for similar work in yo…

(1)(a) An individual who asserts they have good cause to voluntarily quit employment because they or another individual living with them have an underlying health condition that is identified as a risk factor for a disease that is the subject of a public health emergency will nee…

(1) Application. This section applies only if you quit work to enter into related/supplemental (classroom) instruction that is part of an apprenticeship program. If you quit work to begin employment for an employer who is a party to an apprenticeship agreement, the department wil…

With respect to claims that occur on or after July 4, 2021, a claimant has good cause for leaving work and is not disqualified from benefits under RCW 50.20.050 (2)(a) if the claimant worked at a health care facility as defined in RCW 9A.50.010, was directly involved in the deliv…

(1) Definitions. For purposes of this section:(a) "Part-time work" means fewer than 35 hours of work per week.(b) "Full-time work" means work of 35 or more hours per week.(2) If you are simultaneously employed in a part-time job and a full-time job, you will not be denied benefit…

(1) The action or behavior that resulted in your discharge or suspension from employment must be connected with your work to constitute misconduct or gross misconduct.(2) For purposes of this section, the action or behavior is connected with your work if it results in harm or cre…

For purposes of this chapter, the following definitions will apply:(1) "Willful" means intentional behavior done deliberately or knowingly, where you are aware that you are violating or disregarding the rights of your employer or a co-worker.(2) "Wanton" means malicious behavior …

(1) "Repeated inexcusable tardiness" means repeated instances of tardiness that are unjustified or that would not cause a reasonably prudent person in the same circumstances to be tardy. Your employer must have warned you at least twice, either verbally or in writing, about your …

In any job separation where there is a potential disqualification under RCW 50.20.066(3), the employer is responsible for notifying the department in a timely manner when the issue is resolved.If an employer notifies the department of a potential disqualification under RCW 50.20.…

(1) Definitions.(a) "Criminal act" means every action defined as a crime by the applicable state or federal statutes, including felonies and gross misdemeanors.(b) "Felony" means every crime that is defined as such by the applicable state or federal statutes.(c) "Gross misdemeano…

(1) Examples of behaviors that may constitute flagrant and wanton conduct resulting in a finding of gross misconduct include, but are not limited to:(a) A medical provider under the influence of illegal narcotics while at work;(b) A health care worker who steals money or valuable…

(1) Except as provided in subsection (2) of this section, if you notify your employer that you are resigning from your job and the employer discharges you prior to the end of the notice period, the separation is treated as a discharge. The department will not deny benefits unless…

(1) It is not misconduct for a health care worker to leave work for the period of quarantine consistent with the recommended guidance from the United States Centers for Disease Control and Prevention or subject to the direction of the state or local health jurisdiction because of…

(1) In general, the department will consider you available for work if you:(a) Are willing to accept suitable full-time, part-time, and temporary work during the usual hours and days of the week customary for your occupation.(i) You are not required to accept part-time or tempora…

(1)(a) An individual who limits their availability for work because they or another individual living with them have an underlying health condition that is identified as a risk factor for a disease that is the subject of a public health emergency may need to provide certification…

(1) If you are available for at least forty hours during the week during the hours customary for your trade or occupation, benefits will not be reduced under RCW 50.20.130(1).(2) If you are available for at least thirty-five but less than forty hours during the week during the ho…

(1) Physical fitness. In determining whether work is suitable as defined by RCW 50.20.100 and 50.20.110, the department will consider whether you have a disability that prevents you from performing the essential functions of the job without a substantial risk to your health or sa…

In determining whether work is suitable as defined by RCW 50.20.100 and 50.20.110, the department will consider the degree of risk to the health of those residing with the individual during a public health emergency. Work will only be considered unsuitable due to risks associated…

When the department decides you left work for good cause due to domestic violence or stalking, you are required to be available for suitable work to receive benefits. Suitable work is work that is in keeping with your prior experience, employment or training. Suitability of work …

When deciding whether agricultural labor is suitable work for you, the department will consider the degree of risk involved to your health, safety, and morals, your physical fitness, your skill level, your length of unemployment and prospects for work in your customary occupation…

If you are a part-time eligible worker as defined in RCW 50.20.119:(1) You must be willing to accept work of 17 or fewer hours per week. You may refuse any job of 18 or more hours per week.(2) You must be available for work at least 17 hours per week during the usual hours and da…