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357-46-160  <<  357-46-165 >>   357-46-170

PDFWAC 357-46-165

When may an employer separate an employee in accordance with WAC 357-46-160?

An employer may separate an employee due to disability when any of the following circumstances exist:
(1) The employer is unable to reasonably accommodate the employee.
(2) The employer has medical documentation of the employee's inability to work in any capacity.
(3) The employee requests separation due to disability and the employer has medical information which documents that the employee cannot perform the essential functions of the employee's position or class.
(4) The employer must separate an employee from employment for failure to comply with the COVID-19 vaccination requirements set forth in WAC 357-04-125 where an exemption was approved due to a disability and/or medical condition and the employer is unable to reasonably accommodate the employee.
[Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 22-20-091, § 357-46-165, filed 10/4/22, effective 11/4/22. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-165, filed 9/1/04, effective 7/1/05.]
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