Current through Register Vol. 24-18, September 15, 2024
(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, and
50.20.010. 10-11-046, §
192-170-010, filed 5/12/10, effective
6/12/10.
