PERMANENT RULES
Date of Adoption: May 16, 2001.
Purpose: To add a new section to chapter 192-150 WAC clarifying that an individual who volunteers to be included in a layoff will not be considered to have separated from work for a disqualifying reason when the layoff is initiated and announced by the employer and the employer takes the final action to terminate the employment relationship.
Citation of Existing Rules Affected by this Order: Repealing WAC 192-16-070.
Statutory Authority for Adoption: RCW 50.12.010, 50.12.040.
Adopted under notice filed as WSR 01-04-082 on February 7, 2001.
Changes Other than Editing from Proposed to Adopted Version: Added the words "in writing" to subsection (1)(a). Changed the words "in a manner to encourage" in subsection (2) to "or otherwise encourages." These changes are not substantive but are intended to clarify the regulation.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 1,
Amended 0,
Repealed 1.
Effective Date of Rule:
Thirty-one days after filing.
May 21, 2001
Dr. Sylvia P. Mundy
Commissioner
(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 or reduction-in-force, and
(ii) That employees can offer to be among those included in the layoff or reduction-in-force;
(b) You offer to be one of the employees included in the layoff or reduction-in-force; and
(c) Your employer takes the final action in the separation process by accepting your offer to be one of the employees included in the layoff or reduction-in-force, thereby ending your employment relationship.
(2) This section does not apply to situations where an employer modifies benefits or otherwise encourages early retirement or early separation, but the employer and employee do not follow the steps in subsection (1)(a) through (c).
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The following section of the Washington Administrative Code is repealed:
| WAC 192-16-070 | Interpretive regulations -- Voluntary quit -- RCW 50.20.050 |