Washington Administrative Code
Title 192 - Employment Security Department
UNEMPLOYMENT INSURANCE
Chapter 192-170 - Availability for work
Section 192-170-050 - Suitable work factors-RCW 50.20.100 and 50.20.110
Universal Citation: WA Admin Code 192-170-050
Current through Register Vol. 24-18, September 15, 2024
(1) Physical fitness. In determining whether work is suitable as defined by RCW 50.20.100 and 50.20.110, the department will consider whether you have a disability that prevents you from performing the essential functions of the job without a substantial risk to your health or safety.
(a) For purposes of this section, the
term "disability" means a sensory, mental, or physical condition that:
(i) Is medically recognizable or
diagnosable;
(ii) Exists as a
record or history; and
(iii)
Substantially limits the proper performance of your job.
(b) The department may determine in
individual circumstances that less than full-time work is suitable if:
(i) The disability prevents you from working
the number of hours that are customary to the occupation;
(ii) You are actively seeking work for the
occupation and hours you have the ability to perform; and
(iii) The restriction on the number of hours
you can work, the essential functions you can perform, and the occupations you
are seeking does not substantially limit your employment prospects within your
general area.
(c) To be
considered available for suitable work, you must be available for employment in
an occupation in keeping with your prior work experience, shifts of employment,
education, or training. If such employment is not available in your general
area, you must be willing to accept any employment which you have the physical
or mental ability to perform.
(d)
Disabilities resulting from pregnancy will be treated the same as other
disabilities, except that the department will also consider the risk to your
pregnancy when deciding whether work is suitable.
(e) The department will require verification
from a physician of your disability, including:
(i) The restrictions on the tasks or
work-related functions you can perform;
(ii) The restrictions on the number of hours
you can work, if any;
(iii) The
expected duration of the disability and resulting work restrictions;
and
(iv) The types of tasks or
work-related functions you are able to perform with this disability, if known
by the physician.
(f)
For purposes of this section, "disability" includes a request from a medical
professional, local health official, or the Secretary of Health to be isolated
or quarantined as a consequence of an infection from a disease that is the
subject of a public health emergency, even if you have not been actually
diagnosed with the disease that is the subject of a public health
emergency.
(2) Definitions. For the purposes of this chapter:
(a) "General area" means an individual's
labor market area and includes the geographic area within which an individual
would customarily seek work in a given occupation.
(b) "Physician" means a person licensed to
practice one or more of the following professions: Medicine and surgery
(including, but not limited to, psychiatry); osteopathic medicine and surgery;
chiropractic; naturopathic medicine; podiatry.
Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. 02-08-072, § 192-170-050, filed 4/2/02, effective 5/3/02.
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