Washington Administrative Code

(1) A leave of absence is an absence from work mutually and voluntarily agreed upon by you and your employer or a collective bargaining agent, or leave to which you are entitled under federal or state law, where the employer-employee relationship is continued and you will be rein…

(1) If you were previously warned that your continued employment was in jeopardy because of poor attendance, and you engage in illegal activities where you are aware there is a clear possibility of arrest and detention, misconduct may be established under RCW 50.04.294 (2)(d) or …

(1) AmeriCorps volunteers enroll with nonprofit organizations to provide services within the state. They may enroll in full-time or part-time programs. If you enroll in a part-time program, you can seek and accept other work. You are potentially eligible for benefits if you are i…

(1) Am I required to register for work? You must register for work unless you are:(a) Attached to an employer, meaning you are:(i) Partially unemployed as defined in WAC 192-180-013(1); (ii) On standby as defined by WAC 192-110-015;(iii) Unemployed because you are on strike or lo…

(1) Do I have to look for work? You must be actively seeking work unless you are:(a) Attached to an employer as defined in WAC 192-180-005(1);(b) Participating in a training program approved by the commissioner; or(c) An active registered electrical apprentice in an approved elec…

If you leave work because of your illness or disability:(1) To be eligible for unemployment benefits, you must meet the job search requirements described in RCW 50.20.240; and(2) The department will provide you with a directive that lists the job search requirements you must meet…

(1) "Partially unemployed" workers are those individuals:(a) Who were hired to work full time;(b) Whose weekly hours of work have been temporarily reduced by their employer by no more than sixty percent;(c) Who earn less than one and one-third times their weekly benefit amount pl…

If you are allowed benefits because the department decides you left work for good cause due to domestic violence or stalking, each week you claim benefits you must demonstrate an attachment to the labor market by being able to work, available for work, and actively seeking suitab…

(1) Do I need to keep track of my job search activities? You must keep a record or log of your job search contacts and the in-person job search activities you receive through the WorkSource office, other affiliated agency, or equivalent public employment agency in the state in wh…

(1) Will my job search activities be monitored? Every week that you file a claim for benefits, you must certify whether you met the job search requirements. The department may review your job search activities at any time. Once you have been paid benefits for five or more weeks i…

(1) What is a job search review (JSR)? The JSR is a review of your job search activities by the department. At a minimum, the department will review your job search documentation, your ability to work, availability for work, and your efforts to find work. The department may also …

(1) If you fail to participate in a JSR when directed, benefits will be denied under RCW 50.20.010(1) for the specific week or weeks in which you failed to participate.(2) Benefits will be denied under RCW 50.20.010 (1)(c) for the specific week or weeks in which you fail to:(a) M…

(1) The department may direct you, in writing, to attend a job search workshop or training course when it finds that your chances of finding employment will be improved by enrollment in such activity.(2) You will not be directed to attend a job search workshop or training course …

(1) The department will use the profiling model described in this section to identify claimants who are likely to exhaust benefits and in need of job search assistance to obtain new employment.(2) Model. Take all valid claims with a benefit year ending date that falls within a sp…

(1) You may request to have federal income tax withheld from your benefits. If you choose to do so, the department will deduct the withholding at the percentage specified in 26 U.S.C. Section 3402 (p)(2). You may cancel this withholding at any time.(2) Benefits deducted for incom…

(1) After being properly notified by a child support agency, the department will withhold a portion of your benefits to send to the agency to satisfy child support obligations.(2) Notification. The child support agency is responsible for notifying you of the order to deduct child…

(1) The share contributed by the employer to the pension is deductible from benefits. The amount of the deduction equals the percentage of the contribution(s) made by the base year employer as of the last pay period in the base year in which the contribution(s) was made. The depa…

(1) Moneys paid to you as reimbursement for expenses are not deductible from benefits. However, there must be a reasonable relationship between the amount paid and the actual expenses incurred. If the amount paid is greater than actual expenses, the entire amount must be reported…

(1) You must report vacation and holiday pay when filing your claim for benefits.(2) If vacation or holiday pay is assigned to a specific time period by your employer or as part of a collective bargaining agreement, the department will deduct it from your benefits.(3) If you rece…

(1) "Back pay" means wages paid to a worker for a prior pay period. An employer may award back pay to a separated or suspended employee for a specific period of time.If you received benefits for any weeks for which back pay is awarded, you must report the amount of the back pay t…

When payment for your separation from work is assigned to any period before the date of separation, it is considered severance pay. Severance pay is not deductible from benefits.[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-045, filed 5/1…

(1) Termination pay is the same as earnings and is deductible from benefits. It means payments that are assigned to and have a connection with the period following the last day you worked but before you are separated from employment. The payments may be connected to a specific pe…

(1) If you have a contract or hiring agreement that requires the employer to give you advance notice of termination, and the employer fails to do so, the payments you receive from the employer for wages or salary you would have earned during the notice period are deductible from …

(1) If a bonus is attributable to work you performed during a week in which you claimed benefits, the amount paid is deductible from benefits.Example: You work twenty hours a week and receive partial unemployment benefits. Based on productivity for that week, your employer awards…

Tips are considered earnings and must be reported each week you claim benefits. They are deductible from benefits.[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-065, filed 5/12/10, effective 6/12/10.]

(1) Payment received because you are on-call or reporting as a prospective juror, or serving on a jury, is earnings and deductible from benefits.(2) Payment received as reimbursement of expenses for travel, meals, and other costs associated with jury duty is not deductible from b…

(1) You must report sick leave pay when filing your claim for benefits.(a) If sick leave pay is assigned to a specific time period by your employer or as part of a collective bargaining agreement, it is deductible from benefits.(b) If you receive a cash out of accrued sick leave,…

(1) Disability payments paid to you by an insurance company based on premiums paid by the employer are not earnings and are not deductible from benefits.(2) Disability payments paid to you from a trust fund paid solely by the employer's contributions are earnings and are deductib…

(1) The Higher Education Act (Public Law 102-325, Title IV) prohibits the deduction of federal financial aid, including work study, from benefits. If the financial aid award includes both federal and state moneys, it is not deductible from benefits.(2) Earnings from work programs…

You must report earnings if you are in the National Guard or military reserve and are on active duty more than seventy-two consecutive hours. Earnings for active duty that exceeds seventy-two consecutive hours are deductible from benefits.[Statutory Authority: RCW 50.12.010, 50.1…

(1) Stipends received for participation as an AmeriCorps volunteer are considered payment for services and are deductible from benefits. Moneys received for education-related expenses, such as tuition and books, are not deductible from benefits.(2) If you work a part-time job, yo…

(1) Report self-employment when earned, not when paid.(2) Report self-employment income as a net figure, after your reasonable business expenses are deducted from your gross income.(3) If you are not sure what these amounts are, consult your accountant, tax advisor or other finan…

(1) General rule. If you are registered in a course of study that provides scholastic instruction of twelve or more credit hours per week, you are disqualified from receiving benefits or credit for your waiting week.(2) Period of disqualification. The disqualification starts with…

(1) The term "training" means:(a) A course of education with the primary purpose of training in skills that will allow you to obtain employment.(b) A self-employment assistance program that includes entrepreneurial training, approved by the commissioner, that will allow you to be…

(1) How do I apply for commissioner approved training? If you wish to attend school or training while you receive unemployment benefits, and the training will interfere with your availability for full-time work, the training must be approved by the department. Contact the departm…

(1) To be eligible for unemployment benefits while in training, you must meet the following criteria:(a) The training must be full-time as defined by the training facility but subject to the discretion of the commissioner, including skills training classes designated as full-time…

(1) Eligibility. To be eligible for the self-employment assistance program, you must:(a) Be otherwise eligible for regular unemployment benefits and:(i) Have been identified by the department as likely to exhaust regular unemployment benefits using the profiling model established…

(1) To be approved as a training provider under the self-employment assistance program, a training program must include the following:(a) Entrepreneurial training;(b) Business counseling;(c) Technical assistance; and(d) Requirements to engage in other activities relating to setti…

(1) The department will consider the following factors when reviewing your application for the self-employment assistance program:(a) That you have an adequate plan for completing training if your unemployment benefits run out before you complete training; and(b) That you have th…

(1) Any income you receive while enrolled in a self-employment assistance training program will be deducted from your weekly benefit amount as required under RCW 50.20.130.(a) Net income based on self-employment must be reported as provided in WAC 192-190-105.(b) Gross income fro…

(1) If your training provider notifies the department that you are not satisfactorily participating in your approved training, the department will notify you in writing that you are no longer eligible for the self-employment assistance program. You will be required to meet the av…

(1) The provisions of RCW 50.44.050 apply only to educational institutions or educational service districts operated by:(a) The state;(b) A political subdivision of the state;(c) A nonprofit organization or unit; or(d) An Indian tribe.(2) The provisions of RCW 50.44.050 apply to …

(1) Considerably less. The economic conditions of an offer of employment are considerably less if the individual will not earn at least ninety percent of the total wages earned in the prior academic year or term.(2) Educational institution. Includes any public or private preschoo…

Summer term will be considered part of the academic year for an educational institution unless:(1) Total enrollment of full-time equivalent students during the previous summer term is less than one third of the average academic year enrollment of full-time equivalent students for…

(1)(a) For individuals who perform services in a professional capacity, wages and hours from an educational institution or educational services district will count towards the individual's base year and benefit year unless the educational institution or educational services distr…

An educational institution or educational services district that offers a contract or reasonable assurance of future work will not have its hours or wages count towards a claimant's base year and benefit year. The wages and hours from all other base year employers may count towar…

When deciding whether a substitute teacher has reasonable assurance of returning to work, the department will consider, but is not limited to, the following factors:(1) Number of full-time teaching positions;(2) Student enrollment;(3) Number of schools;(4) Size of substitute teac…

An employee of an educational institution, or an employee of an educational services district that performs services in an educational institution, who voluntarily leaves work for reasons that constitute good cause under RCW 50.20.050 may have the hours and wages from the educati…

(1) A nonprofessional employee who is denied unemployment benefits pursuant to RCW 50.44.050 can receive a retroactive payment of unemployment benefits if:(a) The employee filed a timely claim for benefits for each week claimed;(b) Benefits were originally denied for that week so…

(1) RCW 50.20.010 (1)(c) requires individuals who receive unemployment benefits to actively look for work using customary trade practices. They must also be able to work and available for work. In some trades, labor unions refer members to job openings in that labor market. The r…