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Chapter 192-170 WAC

Last Update: 2/20/24

AVAILABILITY FOR WORK

WAC Sections

HTMLPDF192-170-010Availability for work—RCW 50.20.010.
HTMLPDF192-170-015Verification requirement for an underlying health condition under RCW 50.20.010 (4)(b)(ii).
HTMLPDF192-170-020Benefit reductions due to only partial availability—RCW 50.20.130(1).
HTMLPDF192-170-050Suitable work factors—RCW 50.20.100 and 50.20.110.
HTMLPDF192-170-055Suitable work factors—Public health emergency.
HTMLPDF192-170-060Suitable work factors—Domestic violence or stalking—RCW 50.20.050 (2)(b)(iv).
HTMLPDF192-170-065Suitable work factors—Agricultural labor—RCW 50.04.150 and 50.20.100.
HTMLPDF192-170-070What are the availability requirements for part-time eligible workers?—RCW 50.20.119.
HTMLPDF192-170-080Leave of absence.
HTMLPDF192-170-090Incarceration.
HTMLPDF192-170-100AmeriCorps and AmeriCorps VISTA volunteers.

PDF192-170-010

Availability for work—RCW 50.20.010.

(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.]


PDF192-170-015

Verification requirement for an underlying health condition under RCW 50.20.010 (4)(b)(ii).

(1)(a) An individual who limits their availability for work because they or another individual living with them have an underlying health condition that is identified as a risk factor for a disease that is the subject of a public health emergency may need to provide certification from a health care provider.
(b) The certification must include:
(i) The name, address, telephone number, and contact information of the health care provider and type of medicine the health provider is licensed to practice; and
(ii) Information from a health care provider sufficient to establish that the individual or another individual living with them have an underlying health condition that is identified as a risk factor for a disease that is the subject of a public health emergency.
(c) The department may require the individual to provide additional documentation or certification to substantiate the underlying health condition if:
(i) Circumstances of the underlying health condition change;
(ii) Information is provided to the department that the employee may no longer have an underlying health condition; or
(iii) Other circumstances cause the department to question the existence or continued existence of the individual's underlying health condition.
(d) The department will deny benefits under WAC 192-140-070 if the individual fails to provide the certification when requested.
(2) For purposes of this section, the term "health care provider" has the same meaning as in WAC 192-500-090.
[Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010 (4)(b)(ii) and 50.20.050 (2)(b)(xii)(C)(II). WSR 22-13-010, § 192-170-015, filed 6/2/22, effective 7/3/22.]


PDF192-170-020

Benefit reductions due to only partial availability—RCW 50.20.130(1).

(1) If you are available for at least forty hours during the week during the hours customary for your trade or occupation, benefits will not be reduced under RCW 50.20.130(1).
(2) If you are available for at least thirty-five but less than forty hours during the week during the hours customary for your trade or occupation, your weekly benefit amount will be reduced by one-seventh.
(3) If you are available for at least thirty but less than thirty-five hours during the week during the hours customary for your trade or occupation, your weekly benefit amount will be reduced by two-sevenths.
(4) If you are not available for at least thirty hours during the week during the hours customary for your trade or occupation, benefits will be denied under RCW 50.20.010 (1)(c).
[Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-020, filed 7/26/21, effective 1/2/22.]


PDF192-170-050

Suitable work factors—RCW 50.20.100 and 50.20.110.

(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, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-170-050, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-050, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 02-08-072, § 192-170-050, filed 4/2/02, effective 5/3/02.]


PDF192-170-055

Suitable work factors—Public health emergency.

In determining whether work is suitable as defined by RCW 50.20.100 and 50.20.110, the department will consider the degree of risk to the health of those residing with the individual during a public health emergency. Work will only be considered unsuitable due to risks associated with a public health emergency on the days the public health emergency declaration is in effect.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 23-15-009, § 192-170-055, filed 7/6/23, effective 8/6/23.]


PDF192-170-060

Suitable work factors—Domestic violence or stalking—RCW 50.20.050 (2)(b)(iv).

When the department decides you left work for good cause due to domestic violence or stalking, you are required to be available for suitable work to receive benefits. Suitable work is work that is in keeping with your prior experience, employment or training. Suitability of work must also include consideration of your need to address the physical, psychological, legal and other effects of domestic violence or stalking. A job is not considered suitable when it would require you to be available on a day or at a specific time that conflicts with your need to address the effects of the domestic violence or stalking.
[Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, and 50.20.010. WSR 05-13-156, § 192-170-060, filed 6/21/05, effective 7/22/05.]


PDF192-170-065

Suitable work factors—Agricultural labor—RCW 50.04.150 and 50.20.100.

When deciding whether agricultural labor is suitable work for you, the department will consider the degree of risk involved to your health, safety, and morals, your physical fitness, your skill level, your length of unemployment and prospects for work in your customary occupation, the distance of the available work from your residence, and other factors pertinent to your ability to perform the work.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-065, filed 5/12/10, effective 6/12/10.]


PDF192-170-070

What are the availability requirements for part-time eligible workers?—RCW 50.20.119.

If you are a part-time eligible worker as defined in RCW 50.20.119:
(1) You must be willing to accept work of 17 or fewer hours per week. You may refuse any job of 18 or more hours per week.
(2) You must be available for work at least 17 hours per week during the usual hours and days of the week customary for your occupation.
(3) You must not impose conditions on your availability that substantially reduce or limit your opportunity to return to work at the earliest possible time.
[Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-070, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-018, § 192-170-070, filed 9/9/05, effective 10/10/05.]


PDF192-170-080

Leave of absence.

(1) A leave of absence is an absence from work mutually and voluntarily agreed upon by you and your employer or a collective bargaining agent, or leave to which you are entitled under federal or state law, where the employer-employee relationship is continued and you will be reinstated in the same or similar job when the leave expires.
(a) If you are on a leave of absence, you are eligible for unemployment insurance benefits as long as you meet:
(i) The definition of "unemployed" per RCW 50.04.310; and
(ii) All other eligibility requirements provided per RCW 50.20.010.
(b) If you choose not to return to work when the leave of absence ends, the separation is treated as a voluntary quit. The separation date will be the first working day after the leave expires.
(c) If no job is available with the employer when the leave of absence ends, the separation is treated as a layoff due to a lack of work.
(d) If you have been on medical leave and are released for work by your medical provider, but your employer refuses to permit you to return to work, you are considered to be laid off due to a lack of work and potentially eligible for benefits.
(2) A leave of absence does not exist if the employer offers you only a preference for rehire or a promise of a job if work exists at the end of the leave. An employee-initiated leave that only provides fringe benefits during the leave or preferential status for reemployment is not a leave of absence but a voluntary quit.
(3) A temporary or indefinite disciplinary suspension from work by the employer is not a leave of absence. The department will treat this as a suspension.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.04.310. WSR 23-04-079, § 192-170-080, filed 1/31/23, effective 3/3/23. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-080, filed 5/12/10, effective 6/12/10.]


PDF192-170-090

Incarceration.

(1) If you were previously warned that your continued employment was in jeopardy because of poor attendance, and you engage in illegal activities where you are aware there is a clear possibility of arrest and detention, misconduct may be established under RCW 50.04.294 (2)(d) or (e).
(2) If you are jailed but later released without having been charged with or convicted of a crime, the separation is not considered misconduct except as provided in subsection (3) of this section.
(3) If your employer discharges you for absenteeism or job abandonment because you failed without good cause to notify the employer of your incarceration or anticipated release date, such failure may be considered misconduct.
[Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-090, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-090, filed 5/12/10, effective 6/12/10.]


PDF192-170-100

AmeriCorps and AmeriCorps VISTA volunteers.

(1) AmeriCorps volunteers enroll with nonprofit organizations to provide services within the state. They may enroll in full-time or part-time programs. If you enroll in a part-time program, you can seek and accept other work. You are potentially eligible for benefits if you are immediately available for and seeking full-time work.
(2) AmeriCorps VISTA (volunteers in service to America) volunteers are assigned to public or private organizations to work towards meeting community needs. The contract requires they be available for service each day and evening of the week. AmeriCorps VISTA volunteers are not available for work. You are not eligible for benefits while under contract, even if you received benefits prior to enrollment in service.
(3) Stipends received as an AmeriCorps or AmeriCorps VISTA volunteer are not covered employment. They may not be used to requalify for benefits after a denial for a quit, discharge, or job refusal.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-100, filed 5/12/10, effective 6/12/10.]
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