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Chapter 192-240 WAC

Last Update: 10/7/16

EXTENDED BENEFITS

WAC Sections

HTMLPDF192-240-015How to apply for extended benefits.
HTMLPDF192-240-020Suitable work provisions—Extended benefits—RCW 50.22.020 (3) and (4).
HTMLPDF192-240-025Failure to apply for or accept suitable work—RCW 50.22.020 (4)(b)—Extended benefits.
HTMLPDF192-240-030Job search requirements to receive extended benefits—RCW 50.22.020(5).
HTMLPDF192-240-040Penalties.
HTMLPDF192-240-045Moving to a state in an extended benefit period.
HTMLPDF192-240-060What is the priority of payments?
HTMLPDF192-240-070What happens if I am paid emergency or extended benefits when I am eligible for a new unemployment claim?
HTMLPDF192-240-080How much will I receive in extended benefits if my regular weekly benefit amount is increased?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
192-240-010Regular shareable benefits defined. [Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 03-06-038, § 192-240-010, filed 2/26/03, effective 3/29/03.] Repealed by WSR 07-22-055, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010 and 50.12.040.
192-240-035How to qualify for regular shareable or extended benefits after leaving work for marital or domestic reasons—RCW 50.22.020(7). [Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-240-035, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 03-06-038, § 192-240-035, filed 2/26/03, effective 3/29/03.] Repealed by WSR 07-22-055, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010 and 50.12.040.


PDF192-240-015

How to apply for extended benefits.

File your application for extended benefits by using the department's online services or by placing a telephone call to the department. The commissioner can authorize other filing methods in unusual circumstances or for the convenience of the department.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-240-015, filed 10/7/16, effective 11/14/16; WSR 03-06-038, § 192-240-015, filed 2/26/03, effective 3/29/03.]



PDF192-240-020

Suitable work provisions—Extended benefits—RCW 50.22.020 (3) and (4).

(1) An individual receiving benefits must be available for suitable work. Except as provided in subsection (2), any job is considered suitable if you are receiving extended benefits unless:
(a) It is not within your capabilities;
(b) The position is vacant because of a labor dispute, working conditions are substantially less favorable than similar work in the area, or you would be required to join or resign from a union or labor organization (see RCW 50.20.110);
(c) The gross weekly pay is less than your weekly benefit amount, plus any supplemental unemployment benefits you receive from your former employer; or
(d) The job pays less than the higher of the federal or state minimum wage.
(2) If you can show that you have good prospects of returning to work in your customary occupation within a reasonably short period of time, suitable work is considered to be work in keeping with your prior work experience, education, or training. "Good prospects for work" means you have:
(a) A definite recall or hire date within four weeks; or
(b) A probable recall or hire date within four weeks, based on an extremely favorable position on a union out-of-work list, seasonal factors, or historical experience.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-240-020, filed 11/1/07, effective 12/2/07; WSR 03-06-038, § 192-240-020, filed 2/26/03, effective 3/29/03.]



PDF192-240-025

Failure to apply for or accept suitable work—RCW 50.22.020 (4)(b)—Extended benefits.

(1) You will be denied extended benefits if you fail:
(a) To accept any offer of suitable work as defined in WAC 192-240-020; or
(b) To accept a referral, or to apply for suitable work, when referred by your local employment center, if the job was:
(i) Offered to you in writing, or
(ii) Listed with the department.
(2) The denial is for the week in which the refusal occurs and until you work in four weeks and earn four times your weekly benefit amount.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-240-025, filed 11/1/07, effective 12/2/07; WSR 03-06-038, § 192-240-025, filed 2/26/03, effective 3/29/03.]



PDF192-240-030

Job search requirements to receive extended benefits—RCW 50.22.020(5).

(1) To be eligible for extended benefits, you must show evidence of a systematic and sustained effort to find work. Your efforts must be of a quality and frequency that clearly indicate you are making sincere efforts to immediately return to gainful employment.
(a) At a minimum, your efforts must include at least four job search contacts with employers during each week you claim benefits.
(b) If you are a registered member of a referral union, you must make three job search contacts each week in addition to contacting your union and complying with the union's requirements.
(i) Registration with another union local can constitute one job search contact if you are willing to travel or relocate to accept work in their jurisdiction.
(ii) You do not have to look for work that would jeopardize your union membership, but must look for other work you are capable of doing.
(iii) If you have been identified by the department as having good prospects of returning to work within four weeks because you have an extremely favorable position on the union out-of-work list, contact with your union each week meets the job search requirements of this section.
(2) Every week you file a claim for extended benefits, you must report your job search contacts to the department. For each job search contact you must report the date of the contact, the employer or union involved and its place of business, the method of contact, and the type of work sought.
(3) You must keep a record or log of your job search contacts which contains the information required by WAC 192-180-015.
(4) The department may review your job search activities at any time. You must provide the department with a copy of your job search log upon request. Employer contacts will be verified by the department as needed.
(5) The department will consider you to have met the job search requirements of this section and of RCW 50.22.020(5) for any week in which you participate in a training program that is approved by the commissioner.
(6) The job search requirements under this section and RCW 50.20.020(5) are waived for any week in which you are unable to conduct a job search because you are serving on jury duty. See RCW 50.20.117.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-240-030, filed 11/1/07, effective 12/2/07; WSR 03-06-038, § 192-240-030, filed 2/26/03, effective 3/29/03.]



PDF192-240-040

Penalties.

(1) If you claim extended benefits during a week in which you failed to accept any offer of work, or failed to accept a referral or apply for any work as directed by the department:
(a) Benefits will be denied under RCW 50.20.080 if the work was suitable as defined by RCW 50.20.100 and 50.20.110, and you did not have good cause for failing to apply for or accept work;
(b) If benefits are denied as provided in subsection (1)(a), you will also be denied benefits as provided in RCW 50.22.020;
(c) Benefits will be denied under only RCW 50.22.020 if the work was suitable as provided in that statute and WAC 192-240-020, but did not meet the provisions of RCW 50.20.100 and 50.20.080.
(2) If you claim extended benefits during a week in which you failed to meet the job search requirements of WAC 192-240-030, benefits will be denied under RCW 50.22.020, except as provided in subsection (4).
(3) A denial of benefits under RCW 50.22.020 starts the week in which the failure occurs, and continues indefinitely until you show that:
(a) You have worked in at least four weeks; and
(b) You have earned at least four times your weekly benefit amount. The employment does not need to be covered by Title 50 RCW.
(4) If you fail to meet the job search requirements of WAC 192-240-030 because you are hospitalized for treatment of an emergency or life-threatening condition, benefits will be denied under RCW 50.20.010 (1)(c). The denial period is only for the week or weeks in which the hospitalization occurred.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-240-040, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-240-040, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 03-06-038, § 192-240-040, filed 2/26/03, effective 3/29/03.]



PDF192-240-045

Moving to a state in an extended benefit period.

RCW 50.22.030(2) provides that you are only eligible for two weeks of extended benefit payments if you live in a state that is not in an extended benefit period. If you subsequently move to a state that is in an extended benefit period, you may be eligible for further extended benefit payments under RCW 50.22.020 beginning with the first full week in which you reside in that state.
[Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 03-06-038, § 192-240-045, filed 2/26/03, effective 3/29/03.]



PDF192-240-060

What is the priority of payments?

Any emergency unemployment compensation or any similar federal compensation may be paid before the state extended benefits authorized under chapter 50.22 RCW at the discretion of the commissioner.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-24-011, § 192-240-060, filed 11/20/09, effective 12/21/09.]



PDF192-240-070

What happens if I am paid emergency or extended benefits when I am eligible for a new unemployment claim?

If you are paid emergency unemployment compensation, state extended benefits, or any similar state or federal extension, and it is later discovered that you were eligible for a regular unemployment claim during all or part of the period in which you received such benefits, the regular unemployment claim takes priority. The balance on your new unemployment claim will be adjusted for any week(s) at issue, meaning those weeks in which you should have received regular unemployment benefits, subject to the following:
(1) Except as provided in subsection (4) of this section, you may not be paid twice for the same week
(2) If your new weekly benefit amount is equal to the amount you were paid for the weeks at issue, the amount you were paid in emergency unemployment compensation or extended benefits will be deducted from the maximum benefits payable on your new claim.
Example: Your previous weekly benefit amount was five hundred dollars. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of five hundred dollars. The five hundred dollars paid for eight weeks will be deducted from the maximum benefits payable on your new claim.
(3) If your new weekly benefit amount is lower than the amount you were paid for the weeks at issue, the amount you were paid in emergency unemployment compensation or extended benefits that is equivalent to the weekly benefit amount on your new claim will be deducted from the maximum benefits payable on your new claim. The difference between the amounts paid in emergency unemployment compensation or extended benefits for the week(s) at issue and the weekly benefit amount on your new claim will be waived as provided in RCW 50.20.190.
Example: Your previous weekly benefit amount was five hundred dollars. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of three hundred-fifty dollars. The three hundred-fifty dollars for eight weeks will be deducted from the maximum benefits payable on your new claim. The one hundred-fifty dollar difference between your previous weekly benefit amount and your new weekly benefit amount will be waived.
(4) If your new weekly benefit amount is higher than the amount you were paid for the week(s) at issue, the amount you were paid in emergency unemployment compensation or extended benefits will be supplemented so that you receive your new weekly benefit amount for the weeks at issue and the total deducted from the maximum benefits payable on your new claim.
For example: Your previous weekly benefit amount was three hundred-fifty dollars. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of five hundred dollars. You will be paid an additional one hundred-fifty dollars for each of the eight weeks at issue and the total deducted from the maximum benefits payable on your new claim.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-24-011, § 192-240-070, filed 11/20/09, effective 12/21/09.]



PDF192-240-080

How much will I receive in extended benefits if my regular weekly benefit amount is increased?

(1)(a) If your weekly benefit amount for regular unemployment benefits is increased during your benefit year, the maximum amount of extended benefits payable will be the lesser of fifty percent of the total regular unemployment compensation paid to you for the benefit year or thirteen times the average weekly benefit amount paid during your benefit year.
Example: You receive regular unemployment benefits for twenty weeks at $200 and $245 for the remaining six weeks. The maximum benefits payable on your claim is $5,470. Your weekly benefit amount for extended benefits will be $245. The maximum extended benefits payable will be $2,735 which is the lesser of fifty percent of $5,470 or thirteen times $222.5 ($200 + $245 divided by 2, the average of both weekly benefit amounts, or $2,892).
(b) When the state is in a high unemployment period as defined in RCW 50.22.010(3), the maximum amount of extended benefits payable will be the lesser of eighty percent of the total regular unemployment compensation paid to you for the benefit year or twenty times the average weekly benefit amount paid during your benefit year.
(2) For purposes of this section, "average" means the average of the two weekly benefit amounts paid during your benefit year.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-24-011, § 192-240-080, filed 11/20/09, effective 12/21/09.]