(1) In general, the department will consider you available for work if you:
(a) Are willing to accept suitable full-time, part-time, and temporary work during the usual hours and days of the week customary for your occupation.
(i) You are not required to accept part-time or temporary work if it would substantially interfere with your return to your regular occupation.
(ii) The requirement to be willing to accept full-time work does not apply under the circumstances described in WAC
192-170-050 (1)(b) or
192-170-070;
(b) Are capable of accepting and reporting for any suitable work within the labor market in which you are seeking work;
(c) Do not impose conditions that substantially reduce or limit your opportunity to return to work at the earliest possible time;
(d) Are available for work for at least 40 hours during the week during the hours customary for your trade or occupation; and
(e) Are physically present in your normal labor market area, unless:
(i) You are actively seeking and willing to accept work outside your normal labor market; or
(ii) You are unable to be physically present in your normal labor market area due to a disaster.
(2) You are considered available for work if you are an active registered electrical apprentice in an approved electrical apprenticeship program under chapter
49.04 RCW and chapter
296-05 WAC.
(3) You are not considered available for work if you fail or refuse to seek work as required in a directive issued by the department under WAC
192-180-010.
(4) If you are physically located outside of the United States, Puerto Rico, or the U.S. Virgin Islands, the department will consider you available for work if you meet the requirements of subsections (1) and (2) of this section, and:
(a) You are legally authorized to work in the country in which you are physically located;
(b) You are immediately available for work in the United States; or
(c) You are a spouse or domestic partner of a member of the United States Armed Forces and you are legally authorized to work within the foreign military base where your spouse or domestic partner is stationed.
(5)(a) During the weeks of a declared public health emergency, an unemployed health care worker described in RCW
50.20.050(3) and
50.29.021 (1)(c)(iii) is considered available for work while isolated or under quarantine as directed by a medical professional, local health official, or the Secretary of Health, if the individual is available for work that:
(i) Will commence after the isolation or quarantine period ends; or
(ii) Can be performed from the individual's home.
(b) For the purposes of this section, a health care worker is defined as an individual who was directly involved in the delivery of health services at a health care facility as defined in RCW
9A.50.010.
(c) For the purposes of this subsection, a week of a declared public health emergency is a week during which a public health emergency has been declared for at least one day.
(6) During the weeks of a public health emergency, an unemployed individual may also meet the requirements of RCW
50.20.010 (1)(c) if:
(a) You are able to perform, available to perform, and actively seeking suitable work which can be performed for an employer from your home; and
(b) You or another individual residing with you is at higher risk of severe illness or death from the disease that is the subject of the public health emergency because the higher risk individual:
(i) Was in an age category that is defined as high risk for the disease that is the subject of the public health emergency by:
(A) The federal Centers for Disease Control and Prevention;
(B) The department of health; or
(C) The equivalent agency in the state where the individual resides; or
(ii) Have an underlying health condition, verified pursuant to WAC
192-170-015, that is identified as a risk factor for the disease that is the subject of the public health emergency by:
(A) The federal Centers for Disease Control and Prevention;
(B) The department of health; or
(C) The equivalent agency in the state where the individual resides.
(c) For the purposes of this subsection, a week of a declared public health emergency is a week during which a public health emergency has been declared for at least one day.
(7)(a) An individual who has been impacted by a disaster may be considered available for work if the individual is available for work that:
(i) Will commence after the individual is no longer impacted by the disaster; or
(ii) Can be performed from the individual's current location.
(b) An individual is impacted by a disaster when they have lost housing, transportation, or another resource critical for accessing employment.
[Statutory Authority: RCW
50.12.010,
50.12.040,
50.20.010,
50.22.155, and
50.29.021. WSR 24-05-057, § 192-170-010, filed 2/20/24, effective 3/22/24. Statutory Authority: RCW
50.12.010,
50.12.040, and
50.20.010. WSR 23-15-009, § 192-170-010, filed 7/6/23, effective 8/6/23. Statutory Authority: RCW
50.12.010,
50.12.040,
50.20.010(5),
50.20.050(3),
50.29.021 (1)(c)(iii), and
9A.50.010. WSR 22-21-093, § 192-170-010, filed 10/17/22, effective 11/17/22. Statutory Authority: RCW
50.12.010,
50.12.040,
50.12.042,
50.20.010 and
50.20.100. WSR 21-16-034, § 192-170-010, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW
50.12.010,
50.12.040,
50.20.010,
50.20.230,
50.20.240,
50.29.021,
50.29.025 and
50.29.062. WSR 21-12-068, § 192-170-010, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW
50.12.010,
50.12.040,
50.12.042 and
50.20.010. WSR 20-11-022, § 192-170-010, filed 5/13/20, effective 7/5/20. Statutory Authority: RCW
50.12.010,
50.20.010,
50.20.230,
50.20.240, and
50.12.040. WSR 20-10-056, § 192-170-010, filed 4/30/20, effective 7/5/20. Statutory Authority: RCW
50.12.010,
50.12.040, and
50.20.010. WSR 10-11-046, § 192-170-010, filed 5/12/10, effective 6/12/10.]
