(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:
(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.
[2008 c 323 § 1; 2006 c 13 § 2. Prior: 2006 c 12 § 1; 2003 2nd sp.s. c 4 § 4; 2002 c 8 § 1; 2000 c 2 § 12; 1993 c 483 § 8; 1982 1st ex.s. c 18 § 6; 1981 c 35 § 4; 1980 c 74 § 5; 1977 ex.s. c 33 § 4; 1970 ex.s. c 2 § 21; 1953 ex.s. c 8 § 8; 1951 c 215 § 12; 1949 c 214 § 12; 1947 c 215 § 15; 1945 c 35 § 73; Rem. Supp. 1949 § 9998-211; prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939 c 214 § 3; 1937 c 162 § 5.]
NOTES:
Conflict with federal requirements -- 2008 c 323: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [2008 c 323 § 3.]
Conflict with federal requirements -- Part headings not law -- Severability -- 2006 c 13: See notes following RCW 50.20.120.
Retroactive application -- 2006 c 12 § 1: "Section 1 of this act applies retroactively to claims that have an effective date on or after January 4, 2004." [2006 c 12 § 2.]
Conflict with federal requirements -- Severability -- Effective date -- 2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application -- 2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following RCW 50.22.150.
Conflict with federal requirements -- Severability -- Effective date -- 2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability -- Conflict with federal requirements -- Severability -- 1993 c 483: See notes following RCW 50.04.293.
Severability -- Conflict with federal requirements -- 1982 1st ex.s. c 18: See notes following RCW 50.12.200.
Severability -- 1981 c 35: See note following RCW 50.22.030.
Severability -- 1980 c 74: See note following RCW 50.04.323.
Effective dates -- Construction -- 1977 ex.s. c 33: See notes following RCW 50.04.030.
Effective date -- 1970 ex.s. c 2: See note following RCW 50.04.020.