WSR 17-14-087 PROPOSED RULES EMPLOYMENT SECURITY DEPARTMENT [Filed June 30, 2017, 10:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-11-055.
Title of Rule and Other Identifying Information: WAC 192-110-015, regarding granting standby status to workers who are temporarily laid off by their regular employment and have an anticipated return to work date within eight weeks.
Hearing Location(s): Employment Security Department (ESD), Commissioner's Conference Room, 2nd Floor, 212 Maple Park Avenue, Olympia, WA, on August 9, 2017, at 10:00 a.m.
Date of Intended Adoption: August 11, 2017.
Submit Written Comments to: Christina Streuli, ESD, P.O. Box 9046, Olympia, WA 98507, email cstreuli@esd.wa.gov, fax (360) 902-9647 by August 8, 2017.
Assistance for Persons with Disabilities: Contact Teresa Eckstein, state EO officer, by August 8, 2017, TTY 711 or (360) 902-9354.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will allow employers to make the initial request for up to eight weeks of standby. The rule currently requires claimants to apply for up to four weeks of standby and, if approved, the employer may request an additional four weeks.
Reasons Supporting Proposal: The rule will permit employers whose workers will be temporarily laid off for more than four, but fewer than eight, weeks to initiate the request for standby for up to eight weeks. This will allow employers a better opportunity to retain a skilled workforce since claimants who are not on standby must look for work. It will also streamline agency workload by eliminating the need for a supplemental request when claimants have been approved for four or fewer weeks of standby and the employer anticipates the return date will be longer.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: ESD, governmental.
Name of Agency Personnel Responsible for Drafting: Juanita Myers, Olympia, Washington, (360) 902-9665; Implementation and Enforcement: Neil Gorrell, Olympia, Washington, (360) 902-9303.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under federal law, small and large businesses are subject to the same requirements. In the unlikely event there will be some additional costs for small business, these cannot be mitigated since the same rules must apply to all businesses.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Christina Streuli, ESD, P.O. Box 9046, Olympia, WA 98507-9046, phone (360) 902-9647, fax (360) 902-9605, email cstreuli@esd.wa.gov.
June 30, 2017
Dale Peinecke
Commissioner
AMENDATORY SECTION (Amending WSR 17-01-051, filed 12/13/16, effective 1/13/17)
WAC 192-110-015 Applications by standby workers—RCW 50.20.010.
(1) What is "standby?"
(a) "Standby" means you are temporarily unemployed because of a lack of work but:
(i) You expect to return to work with your regular employer within four weeks; or
(ii) You expect to begin full-time work with a new employer within two weeks; or
(iii) You are temporarily unemployed due to natural disaster.
(b) You do not have to register for work or look for other work while you are on standby.
(c) You must be available for all hours of work offered by your regular employer.
(2) How long can I be on standby?
(a) You can ask to be on standby for up to four weeks, beginning with the date of the request.
(b) We will ask your employer to verify that you are on standby ((and)), including your expected return to work date:
(i) If your employer does not reply, you can be on standby for up to four weeks;
(ii) If your employer confirms you are on standby, you can be on standby ((for up to four weeks or)) until the return to work date given by your employer, ((whichever is earlier)) subject to the limitations of (c) of this subsection;
(iii) If your employer replies that you are not on standby or do not have a return to work date within eight weeks, we will require you to immediately register for work and to look for work.
(c) Your regular employer may ask ((to extend your)) that you be placed on standby ((status for more than four, but no more than)) for a maximum of eight((,)) weeks (except as provided in (2)(d) below). This request must be approved by the department. We will consider the following before deciding whether to approve standby for more than four weeks:
(i) How long you have been out of work;
(ii) Whether other suitable work is available;
(iii) The impact on you and your employer if you accept other work; and
(iv) Other factors that apply to your situation.
(d) At his or her discretion, the commissioner may grant standby for more than eight weeks in a benefit year. Exceptions can be made due to natural disaster. Exceptions can also be made in other extraordinary circumstances when the employer applies in writing and shows there are conditions that apply to the business that are so unique or unusual compared to similar businesses that having their employees on standby for more than eight weeks is necessary.
(e) We can approve standby if you have obtained a definite offer of bona fide full-time work that has a probable start date within two weeks, which includes the week of the job offer and up to two additional weeks. If the standby request under this subsection is part of your initial claim, standby begins with the date of the request.
(f) The job, however, must be:
(i) With a new employer or with a former employer to whom you are no longer attached as provided in subsection (3)(f) of this section; and
(ii) Covered by Title 50 RCW or the comparable laws of another state or the federal government.
(3) Are there conditions that apply to a request for standby?
(a) You must have a probable date when you will return to work for your regular employer;
(b) We will not approve standby if you only have prospects of future work with your regular employer or a promise of more work at some unspecified date;
(c) We will not approve standby with your regular employer unless the employment is covered by Title 50 RCW or the comparable laws of another state or the federal government;
(d) Except for claimants who qualify as part-time eligible workers under RCW 50.20.119, we will not approve standby if you regularly work less than full-time. For purposes of this section, "full-time" means forty hours each week or the number of hours that are full-time for your occupation and labor market area;
(e) Any week(s) that you do not qualify for benefits will not be considered as part of the maximum eight weeks of standby; and
|