Washington Administrative Code
Title 192 - Employment Security Department
UNEMPLOYMENT INSURANCE
Chapter 192-110 - Applying for unemployment benefits
Section 192-110-015 - Applications by standby workers-RCW 5020010
Universal Citation: WA Admin Code 192-110-015
Current through Register Vol. 24-18, September 15, 2024
(1) What is "standby?"
(a) "Standby" means you are temporarily
unemployed because of a lack of work but:
(i)
You expect to return to your previous full-time or part-time 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)
The requirement to register for work and search for work is fulfilled so long
as you are on standby and take reasonable measures to maintain contact with
your employer.
(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.
(b)
We will ask your employer to verify that you are on standby, 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 until the return to work date given by your
employer, 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
that you be placed on standby 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 the
discretion of the commissioner, 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. 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.
(f) Any
weeks of standby you used prior to July 4, 2021, will be disregarded for
calculating the number of weeks you are allowed to be on standby.
(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) Standby is
available to all full-time, part-time, and other less than full-time
employees;
(e) Any week(s) that you
do not qualify for benefits will not be considered as part of the maximum eight
weeks of standby;
(f) After eight
consecutive weeks of unemployment, we will no longer consider you attached to
that employer. You must meet the job search requirements specified by
RCW
50.20.010(1)(c) and
50.20.240; and
(g) For any claims between March 22, 2020,
and July 3, 2021, you are automatically deemed to be on standby. Such weeks
will not count towards the four weeks of standby you may request pursuant to
subsection (2)(a) of this section or the eight weeks requested by your employer
in subsection (2)(b)(ii) of this section.
(4) When does standby begin?
(a) Standby begins the day of your request
unless your request is backdated pursuant to (b) of this subsection.
(b)
(i) You
may backdate your request for standby up to one week for any reason.
(ii) Your request for standby may also be
backdated for the convenience of the department. "For the convenience of the
department" means for the purpose of program administration; or those
situations where it is difficult or impossible to accept a timely request
including, but not limited to, equipment breakdowns, lack of available staff,
or special handling requirements.
Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. 05-19-018, § 192-110-015, filed 9/9/05, effective 10/10/05. Statutory Authority: RCW 50.20.010 and 50.12.040. 99-08-073, § 192-110-015, filed 4/5/99, effective 5/6/99.
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