RCW ch. 50.20 — Revised Code of Washington Chapter 50.20 RCW — Benefits And Claims

RCW 50.20.010 Benefit eligibility conditions. (1) An unemployed individual shall be eligible to receive waiting period credits or benefits with respect to any week in his or her eligibility period only if the commissioner finds that: (a) The individual has registered for work at, and thereafter has continued to report at, an employment office in accordance with such regulation as the commissioner may prescribe, except that the commissioner may by regulation waive or alter either or both of the requirements of this subdivision as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the commissioner finds that the compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this title; (b) The individual has filed an application for an initial determination and made a claim for waiting period credit or for benefits in accordance with the provisions of this title; (c) The individual is able to work, and is available for work in any trade, occupation, profession, or business for which the individual is reasonably fitted. (i) To be available for work, an individual must be ready, able, and willing, immediately to accept any suitable work which may be offered to him or her and must be actively seeking work pursuant to customary trade practices and through other methods when so directed by the commissioner or the commissioner's agents. If a labor agreement or dispatch rules apply, customary trade practices must be in accordance with the applicable agreement or rules. (ii) Until June 30, 2021, an individual under quarantine or isolation, as defined by the department of health, as directed by a public health official during the novel coronavirus outbreak pursuant to the gubernatorial declaration of emergency of February 29, 2020, will meet the requirements of this subsection (1)(c) if the individual is able to perform, available to perform, and actively seeking work which can be performed while under quarantine or isolation. (iii) For the purposes of this subsection, "customary trade practices" includes compliance with an electrical apprenticeship training program that includes a recognized referral system under apprenticeship program standards approved by the Washington state apprenticeship and training council; (d) The individual has been unemployed for a waiting period of one week; (e) The individual participates in reemployment services if the individual has been referred to reemployment services pursuant to the profiling system established by the commissioner under RCW 50.20.011, unless the commissioner determines that: (i) The individual has completed such services; or (ii) There is justifiable cause for the claimant's failure to participate in such services; and (f) As to weeks which fall within an extended benefit period as defined in RCW 50.22.010, the individual meets the terms and conditions of RCW 50.22.020 with respect to benefits claimed in excess of twenty-six times the individual's weekly benefit amount. (2) An individual's eligibility period for regular benefits shall be coincident to his or her established benefit year. An individual's eligibility period for additional or extended benefits shall be the periods prescribed elsewhere in this title for such benefits. (3)(a) For any weeks of unemployment insurance benefits when the one week waiting period is fully paid or fully reimbursed by the federal government, subsection (1)(d) of this section is waived. (b) For any weeks of unemployment insurance benefits when the one week waiting period is partially paid or partially reimbursed by the federal government, the department may, by rule, elect to waive subsection (1)(d) of this section. (4) During the weeks of a public health emergency, an unemployed individual may also meet the requirements of subsection (1)(c) of this section if: (a) The unemployed individual is able to perform, available to perform, and actively seeking suitable work which can be performed for an employer from the individual's home; and (b) The unemployed individual or another individual residing with the unemployed individual 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) Has an underlying health condition, verified as required by the department by rule, 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. (5)(a) During the weeks of a public health emergency, an unemployed health care worker may also meet the requirements of subsection (1)(c) of this section if the unemployed health care worker described in RCW 50.20.050(3) and 50.29.021(1)(c)(iii) is able to perform, available to perform, and actively seeking suitable work which will commence after quarantine or which can be performed for an employer from the individual's home. (b) For purposes of this subsection, "health care worker" means an individual who worked at a health care facility as defined in RCW 9A.50.010, and was directly involved in the delivery of health services. [ 2021 c 251 s 2; 2021 c 2 s 8; 2020 c 7 s 8; 2019 c 50 s 1; 2006 c 13 s 10. Prior: 2003 2nd sp.s. c 4 s 3; 1995 c 381 s 1; 1981 c 35 s 3; 1973 c 73 s 6; 1970 ex.s. c 2 s 4; 1959 c 266 s 3; 1953 ex.s. c 8 s 7; 1951 c 265 s 9; 1951 c 215 s 11; 1949 c 214 s 9; 1945 c 35 s 68; Rem. Supp. 1949 s 9998-206; prior: 1943 c 127 s 2; 1941 c 253 ss 1, 2; 1939 c 214 s 2; 1937 c 162 s 4.] NOTES: Conflict with federal requirements— RCW 50.20.011 Profiling system to identify individuals likely to exhaust benefits—Confidentiality of information—Penalty. (1) The commissioner shall establish and use a profiling system for new claimants for regular compensation under this title that identifies permanently separated workers who are likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment. The profiling system shall use a combination of individual characteristics and labor market information to assign each individual a unique probability of benefit exhaustion. Individuals identified as likely to exhaust benefits shall be referred to reemployment services, such as job search assistance services, to the extent such services are available at public expense. (2) The profiling system shall include collection and review of follow-up information relating to the services received by individuals under this section and the employment outcomes for the individuals following receipt of the services. The information shall be used in making profiling identifications. (3) In carrying out reviews of individuals receiving services, the department may contract with public or private entities and may disclose information or records necessary to permit contracting entities to assist in the operation and management of department functions. Any information or records disclosed to public or private entities shall be used solely for the purposes for which the information was disclosed and the entity shall be bound by the same rules of privacy and confidentiality as department employees. The misuse or unauthorized disclosure of information or records deemed private and confidential under chapter 50.13 RCW by any person or organization to which access is permitted by this section shall subject the person or organization to a civil penalty of five thousand dollars and other applicable sanctions under state and federal law. Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the employment security department administrative contingency fund. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section. [ 1995 c 381 s 2.] NOTES: Conflict with federal requirements— RCW 50.20.012 Rules—1995 c 381. The commissioner may adopt rules as necessary to implement the 1995 c 381 §§ 1 and *3 amendments to RCW 50.20.010 and 50.20.043 and 50.20.011, including but not limited to definitions, eligibility standards, program review criteria and procedures, and provisions necessary to comply with applicable federal laws and regulations that are a condition to receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state. [ 1995 c 381 s 4.] NOTES: *Reviser's note: RCW 50.20.020 Waiting period credit limitation. (1) No week shall be counted as a waiting period week if benefits have been paid for that week, the individual was otherwise eligible for benefits, and it occurs within the benefit year which includes the week with respect to which the individual claims payment of benefits. (2) If RCW 50.20.010(1)(d) is waived, subsection (1) of this section is waived. [ 2021 c 2 s 9; 2010 c 8 s 13021; 1949 c 214 s 10; 1945 c 35 s 69; Rem. Supp. 1949 s 9998-207.] NOTES: Intent— RCW 50.20.041 Health care professionals who have contracted hepatitis C—Training. (1) Credentialed health care professionals listed in RCW 18.130.040 shall be deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043 if they are unemployed as a result of contracting hepatitis C in the course of employment and are unable to continue to work in their profession because of a significant risk that such work would pose to other persons and that risk cannot be eliminated. (2) For purposes of subsection (1) of this section, a health care professional who was employed on a full-time basis in their profession shall be presumed to have contracted hepatitis C in the course of employment. This presumption may be rebutted by a preponderance of the evidence that demonstrates that the health care professional contracted hepatitis C as a result of activities or circumstances not related to employment. [ 2003 c 273 s 4.] RCW 50.20.042 Unemployed aerospace workers—Training. Aerospace workers unemployed as the result of downsizing and restructuring of the aerospace industry will be deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043. [ 1993 c 226 s 7.] NOTES: Conflict with federal requirements— RCW 50.20.043 Training provision. No otherwise eligible individual shall be denied benefits for any week because the individual is in training with the approval of the commissioner, nor shall such individual be denied benefits with respect to any week in which the individual is satisfactorily progressing in a training program with the approval of the commissioner by reason of the application of RCW 50.20.010(1)(c), 50.20.080, or 50.22.020(1) relating to availability for work and active search for work, or failure to apply for or refusal to accept suitable work. An individual who the commissioner determines to be a dislocated worker as defined by RCW 50.04.075 and who is satisfactorily progressing in a training program approved by the commissioner shall be considered to be in training with the approval of the commissioner. [ 2003 2nd sp.s. c 4 s 30; 1985 c 40 s 1; 1984 c 181 s 2; 1971 c 3 s 12.] NOTES: Conflict with federal requirements— RCW 50.20.044 Ineligibility for benefits for failure to attend job search workshop or training course. If an otherwise eligible individual fails without good cause, as determined by the commissioner under rules prescribed by the commissioner, to attend a job search workshop or a training or retraining course when directed by the department and such workshop or course is available at public expense, such individual shall not be eligible for benefits with respect to any week in which such failure occurred. [ 1984 c 205 s 8.] NOTES: Conflict with federal requirements— RCW 50.20.050 Disqualification for leaving work voluntarily without good cause. (1) With respect to separations that occur on or after September 6, 2009, and for separations that occur before April 4, 2021: (a) A claimant shall be disqualified from benefits beginning with the first day of the calendar week in which the claimant left work voluntarily without good cause and thereafter for seven calendar weeks and until the claimant obtains bona fide work in employment covered by this title and earned wages in that employment equal to seven times the claimant's weekly benefit amount. Good cause reasons to leave work are limited to reasons listed in (b) of this subsection. The disqualification shall continue if the work obtained is a mere sham to qualify for benefits and is not bona fide work. In determining whether work is of a bona fide nature, the commissioner shall consider factors including but not limited to the following: (i) The duration of the work; (ii) The extent of direction and control by the employer over the work; and (iii) The level of skill required for the work in light of the claimant's training and experience. (b) A claimant has good cause and is not disqualified from benefits under (a) of this subsection only under the following circumstances: (i) The claimant has left work to accept a bona fide offer of bona fide work as described in (a) of this subsection; (ii) The separation was necessary because of the illness or disability of the claimant or the death, illness, or disability of a member of the claimant's immediate family if: (A) The claimant pursued all reasonable alternatives to preserve the claimant's employment status by requesting a leave of absence, by having promptly notified the employer of the reason for the absence, and by having promptly requested reemployment when again able to assume employment. These alternatives need not be pursued, however, when they would have been a futile act, including those instances when the futility of the act was a result of a recognized labor/management dispatch system; and (B) The claimant terminated the claimant's employment status, and is not entitled to be reinstated to the same position or a comparable or similar position; (iii) The claimant: (A) Left work to relocate for the employment of a spouse or domestic partner that is outside the existing labor market area; and (B) remained employed as long as was reasonable prior to the move; (iv) The separation was necessary to protect the claimant or the claimant's immediate family members from domestic violence, as defined in RCW 7.105.010, or stalking, as defined in RCW 9A.46.110; (v) The claimant's usual compensation was reduced by twenty-five percent or more; (vi) The claimant's usual hours were reduced by twenty-five percent or more; (vii) The claimant's worksite changed, such change caused a material increase in distance or difficulty of travel, and, after the change, the commute was greater than is customary for workers in the claimant's job classification and labor market; (viii) The claimant's worksite safety deteriorated, the claimant reported such safety deterioration to the employer, and the employer failed to correct the hazards within a reasonable period of time; (ix) The claimant left work because of illegal activities in the claimant's worksite, the claimant reported such activities to the employer, and the employer failed to end such activities within a reasonable period of time; (x) The claimant's usual work was changed to work that violates the claimant's religious convictions or sincere moral beliefs; or (xi) The claimant left work to enter an apprenticeship program approved by the Washington state apprenticeship training council. Benefits are payable beginning Sunday of the week prior to the week in which the claimant begins active participation in the apprenticeship program. (2) With respect to separations that occur on or after April 4, 2021: (a) A claimant shall be disqualified from benefits beginning with the first day of the calendar week in which the claimant has left work voluntarily without good cause and thereafter for seven calendar weeks and until the claimant has obtained bona fide work in employment covered by this title and earned wages in that employment equal to seven times the claimant's weekly benefit amount. Good cause reasons to leave work are limited to reasons listed in (b) of this subsection. The disqualification shall continue if the work obtained is a mere sham to qualify for benefits and is not bona fide work. In determining whether work is of a bona fide nature, the commissioner shall consider factors including but not limited to the following: (i) The duration of the work; (ii) The extent of direction and control by the employer over the work; and (iii) The level of skill required for the work in light of the claimant's training and experience. (b) A claimant has good cause and is not disqualified from benefits under (a) of this subsection only under the following circumstances: (i) The claimant has left work to accept a bona fide offer of bona fide work as described in (a) of this subsection; (ii) The separation was necessary because: Of the illness or disability of the claimant; of the death, illness, or disability of a member of the claimant's immediate family for separations that occur before September 3, 2023; of the death, illness, or disability of a family member for separations that occur on or after September 3, 2023; or the care for a child or a vulnerable adult in the claimant's care is inaccessible for separations that occur on or after July 7, 2024, and before July 8, 2029. However, to qualify based on a circumstance in this subsection (2)(b)(ii), the following requirements must be met: (A) The claimant made reasonable efforts to preserve the claimant's employment status by requesting changes in working conditions or work schedule that would accommodate the death, illness, disability, or caregiving inaccessibility, or by requesting a leave of absence, promptly notifying the employer of the reason for the absence, and promptly requesting reemployment when again able to assume employment. These alternatives need not be pursued, however, when they would have been a futile act, including those instances when the futility of the act was a result of a recognized labor/management dispatch system; and (B) The claimant terminated the claimant's employment status, and is not entitled to be reinstated to the same position or a comparable or similar position; (iii) The claimant: (A) Left work to relocate for the employment of a spouse or domestic partner that is outside the existing labor market area; and (B) remained employed as long as was reasonable prior to the move; (iv) The separation was necessary to protect the claimant or the claimant's immediate family members from domestic violence, as defined in RCW 7.105.010, or stalking, as defined in RCW 9A.46.110; (v) The claimant's usual compensation was reduced by twenty-five percent or more; (vi) The claimant's usual hours were reduced by twenty-five percent or more; (vii) The claimant's worksite changed, such change caused a material increase in distance or difficulty of travel, and, after the change, the commute was greater than is customary for workers in the individual's job classification and labor market; (viii) The claimant's worksite safety deteriorated, the claimant reported such safety deterioration to the employer, and the employer failed to correct the hazards within a reasonable period of time; (ix) The claimant left work because of illegal activities in the claimant's worksite, the claimant reported such activities to the employer, and the employer failed to end such activities within a reasonable period of time; (x) The claimant's usual work was changed to work that violates the claimant's religious convictions or sincere moral beliefs; (xi) The claimant left work to enter an apprenticeship program approved by the Washington state apprenticeship training council. Benefits are payable beginning Sunday of the week prior to the week in which the claimant begins active participation in the apprenticeship program; (xii) During a public health emergency: (A) The claimant was unable to perform the claimant's work for the employer from the claimant's home; (B) The claimant is able to perform, available to perform, and can actively seek suitable work which can be performed for an employer from the claimant's home; and (C) The claimant or another individual residing with the claimant 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 the federal centers for disease control and prevention, the department of health, or the equivalent agency in the state where the individual resides; or (II) Has an underlying health condition, verified as required by the department by rule, that is identified as a risk factor for the disease that is the subject of the public health emergency by the federal centers for disease control and prevention, the department of health, or the equivalent agency in the state where the individual resides; (xiii) For separations that occur on or after July 7, 2024, the claimant: (A) Left work to relocate in order to follow a minor child who moved outside of the claimant's labor market; (B) remained employed as long as was reasonable prior to relocating; and (C) had parental rights over the minor child at the time of the job separation; or (xiv) For separations that occur on or after July 7, 2024, the claimant had a regularly scheduled shift or split shift start or end time for the prior 90 calendar days, and the employer, without request by the claimant and not based on a system of seniority, changed the regularly scheduled shift or split shift start or end time by six or more hours for that shift on a nontemporary basis. (3) With respect to claims that occur on or after July 4, 2021, a claimant has good cause and is not disqualified from benefits under subsection (2)(a) of this section under the following circumstances, in addition to those listed under subsection (2)(b) of this section, if, during a public health emergency, the claimant worked at a health care facility as defined in RCW 9A.50.010, was directly involved in the delivery of health services, and left work for the period of quarantine consistent with the recommended guidance from the United States centers for disease control and prevention or subject to the direction of the state or local health jurisdiction because of exposure to or contracting the disease that is the subject of the declaration of the public health emergency. (4) Notwithstanding subsection (1) of this section, a claimant who was simultaneously employed in full-time employment and part-time employment and is otherwise eligible for benefits from the loss of the full-time employment shall not be disqualified from benefits because the claimant: (a) Voluntarily quit the part-time employment before the loss of the full-time employment; and (b) Did not have prior knowledge that the claimant would be separated from full-time employment. [ 2023 c 240 s 2; 2022 c 268 s 42. Prior: 2021 c 251 s 3; 2021 c 215 s 153; 2021 c 2 s 10; prior: 2009 c 493 s 3; 2009 c 247 s 1; 2008 c 323 s 1; 2006 c 13 s 2; prior: 2006 c 12 s 1; 2003 2nd sp.s. c 4 s 4; 2002 c 8 s 1; 2000 c 2 s 12; 1993 c 483 s 8; 1982 1st ex.s. c 18 s 6; 1981 c 35 s 4; 1980 c 74 s 5; 1977 ex.s. c 33 s 4; 1970 ex.s. c 2 s 21; 1953 ex.s. c 8 s 8; 1951 c 215 s 12; 1949 c 214 s 12; 1947 c 215 s 15; 1945 c 35 s 73; Rem. Supp. 1949 s 9998-211; prior: 1943 c 127 s 3; 1941 c 253 s 3; 1939 c 214 s 3; 1937 c 162 s 5.] NOTES: Conflict with federal requirements— RCW 50.20.055 Employer-initiated layoffs—Voluntary inclusion. (1) An individual separated from employment on or after June 14, 2026, is deemed to be unemployed through no fault of their own if the commissioner finds that: (a) The separating employer took the first action in the separation process by announcing in writing to its employees that: (i) The separating employer planned to reduce its workforce through a layoff or reduction in force; and (ii) Employees could offer to be among those included in the layoff or reduction in force; (b) The individual offered to be one of the employees included in the layoff or reduction in force; and (c) The separating employer terminated the individual's employment as a result of the layoff or reduction in force plans under this section. (2) When undertaking a layoff or reduction in force, a separating employer may allow employees to rescind an offer under subsection (1)(b) of this section. The availability of an option to rescind an offer does not disqualify an individual from benefits, provided that the separation from employment met the requirements in subsection (1) of this section. (3) This section does not apply when the employer modifies benefits or otherwise encourages early retirement or early separation and the employer and employee do not comply with subsection (1) of this section. [ 2026 c 150 s 1.] RCW 50.20.060 Disqualification from benefits due to misconduct. With respect to claims that have an effective date before January 4, 2004, an individual shall be disqualified from benefits beginning with the first day of the calendar week in which he or she has been discharged or suspended for misconduct connected with his or her work and thereafter for seven calendar weeks and until he or she has obtained bona fide work in employment covered by this title and earned wages in that employment equal to seven times his or her weekly benefit amount. Alcoholism shall not constitute a defense to disqualification from benefits due to misconduct. [ 2006 c 13 s 11. Prior: 2003 2nd sp.s. c 4 s 7; 2000 c 2 s 13; 1993 c 483 s 9; 1982 1st ex.s. c 18 s 16; 1977 ex.s. c 33 s 5; 1970 ex.s. c 2 s 22; 1953 ex.s. c 8 s 9; 1951 c 215 s 13; 1949 c 214 s 13; 1947 c 215 s 16; 1945 c 35 s 74; Rem. Supp. 1949 s 9998-212; prior: 1943 c 127 s 3; 1941 c 253 s 3; 1939 c 214 s 3; 1937 c 162 s 5.] NOTES: Retroactive application— RCW 50.20.065 Cancellation of hourly wage credits due to felony or gross misdemeanor. With respect to claims that have an effective date before January 4, 2004: (1) An individual who has been discharged from his or her work because of a felony or gross misdemeanor of which he or she has been convicted, or has admitted committing to a competent authority, and that is connected with his or her work shall have all hourly wage credits based on that employment canceled. (2) The employer shall notify the department of such an admission or conviction, not later than six months following the admission or conviction. (3) The claimant shall disclose any conviction of the claimant of a work-connected felony or gross misdemeanor occurring in the previous two years to the department at the time of application for benefits. (4) All benefits that are paid in error based on wage/hour credits that should have been removed from the claimant's base year are recoverable, notwithstanding RCW 50.20.190 or 50.24.020 or any other provisions of this title. [ 2006 c 13 s 12. Prior: 2003 2nd sp.s. c 4 s 8; 1993 c 483 s 11.] NOTES: Retroactive application— RCW 50.20.066 Disqualification from benefits due to misconduct—Cancellation of hourly wage credits due to gross misconduct. With respect to claims that have an effective date on or after January 4, 2004: (1) An individual shall be disqualified from benefits beginning with the first day of the calendar week in which he or she has been discharged or suspended for misconduct connected with his or her work and thereafter for ten calendar weeks and until he or she has obtained bona fide work in employment covered by this title and earned wages in that employment equal to ten times his or her weekly benefit amount. Alcoholism shall not constitute a defense to disqualification from benefits due to misconduct. (2) An individual who has been discharged from his or her work because of gross misconduct shall have all hourly wage credits based on that employment or six hundred eighty hours of wage credits, whichever is greater, canceled. (3) The employer shall notify the department of a felony or gross misdemeanor of which an individual has been convicted, or has admitted committing to a competent authority, not later than six months following the admission or conviction. (4) The claimant shall disclose any conviction of the claimant of a work-connected felony or gross misdemeanor occurring in the previous two years to the department at the time of application for benefits. (5) All benefits that are paid in error based on this section are recoverable, notwithstanding RCW 50.20.190 or 50.24.020 or any other provisions of this title. [ 2006 c 13 s 13. Prior: 2003 2nd sp.s. c 4 s 9.] NOTES: Retroactive application— RCW 50.20.070 Disqualification for misrepresentation—Penalties. (1) With respect to determinations delivered or mailed before January 1, 2008, an individual is disqualified for benefits for any week he or she has knowingly made a false statement or representation involving a material fact or knowingly failed to report a material fact and, as a result, has obtained or attempted to obtain any benefits under the provisions of this title, and for an additional twenty-six weeks beginning with the first week for which he or she completes an otherwise compensable claim for waiting period credit or benefits following the date of the delivery or mailing of the determination of disqualification under this section. However, such disqualification shall not be applied after two years have elapsed from the date of the delivery or mailing of the determination of disqualification under this section. (2) With respect to determinations delivered or mailed on or after January 1, 2008: (a) An individual is disqualified for benefits for any week he or she has knowingly made a false statement or representation involving a material fact or knowingly failed to report a material fact and, as a result, has obtained or attempted to obtain any benefits under the provisions of this title; (b) An individual disqualified for benefits under this subsection for the first time is also: (i) Disqualified for an additional twenty-six weeks beginning with the Sunday of the week in which the determination is mailed or delivered; and (ii) With respect to determinations delivered or mailed on or after October 20, 2013, subject to an additional penalty of fifteen percent of the amount of benefits overpaid or deemed overpaid; (c) An individual disqualified for benefits under this subsection for the second time is also disqualified for an additional fifty-two weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of twenty-five percent of the amount of benefits overpaid or deemed overpaid; (d) An individual disqualified for benefits under this subsection a third time and any time thereafter is also disqualified for an additional one hundred four weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of fifty percent of the amount of benefits overpaid or deemed overpaid. (3) All penalties collected under this section must be expended for the proper administration of this title as authorized under RCW 50.16.010 and for no other purposes. (4) All overpayments and penalties established by such determination of disqualification must be collected as otherwise provided by this title. [ 2013 c 189 s 2; 2007 c 146 s 7; 1973 1st ex.s. c 158 s 5; 1953 ex.s. c 8 s 10; 1951 c 265 s 10; 1949 c 214 s 14; 1947 c 215 s 17; 1945 c 35 s 75; Rem. Supp. 1949 s 9998-213. Prior: 1943 c 127 s 3; 1941 c 253 s 3; 1939 c 214 s 3; 1937 c 162 s 5.] NOTES: Conflict with federal requirements— RCW 50.20.080 Disqualification for refusal to work. An individual is disqualified for benefits, if the commissioner finds that the individual has failed without good cause, either to apply for available, suitable work when so directed by the employment office or the commissioner, or to accept suitable work when offered the individual, or to return to his or her customary self-employment (if any) when so directed by the commissioner. Such disqualification shall begin with the week of the refusal and thereafter for seven calendar weeks and continue until the individual has obtained bona fide work in employment covered by this title and earned wages in that employment of not less than seven times his or her suspended weekly benefit amount. [ 2000 c 2 s 14; 1993 c 483 s 10; 1959 c 321 s 1; 1953 ex.s. c 8 s 11; 1951 c 215 s 14; 1949 c 214 s 15; 1945 c 35 s 76; Rem. Supp. 1949 s 9998-214. Prior: 1943 c 127 s 3; 1941 c 253 s 3; 1939 c 214 s 3; 1937 c 162 s 5.] NOTES: Application— RCW 50.20.085 Disqualification for receipt of industrial insurance disability benefits. An individual is disqualified from benefits with respect to any day or days for which he or she is receiving, has received, or will receive compensation under RCW 51.32.060 or 51.32.090. [ 1991 c 117 s 2; 1986 c 75 s 1.] NOTES: Conflict with federal requirements— RCW 50.20.090 Strike or lockout disqualification—When inapplicable. (Effective until December 31, 2035.) (1) An individual shall be disqualified for benefits for any week with respect to which the commissioner finds that the individual's unemployment is due to a strike at the factory, establishment, or other premises at which the individual is or was last employed. (2) Subsection (1) of this section shall not apply if it is shown to the satisfaction of the commissioner that: (a) The individual is not participating in or financing or directly interested in the strike that caused the individual's unemployment; and (b) The individual does not belong to a grade or class of workers of which, immediately before the commencement of the strike, there were members employed at the premises at which the strike occurs, any of whom are participating in or financing or directly interested in the strike: PROVIDED, That if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purpose of this subsection, be deemed to be a separate factory, establishment, or other premises. (3)(a) Any disqualification imposed under this section shall end on the earlier of: (i) The second Sunday following the first date of the strike, provided that the strike is not found to be prohibited by federal or state law in a final judgment. If a final judgment finds that a strike is prohibited by state or federal law, any benefits paid are liable for repayment as set forth in RCW 50.20.190; or (ii) The date the strike is terminated. (b) When the disqualification ends, the individual is subject to the one week waiting period as provided in RCW 50.20.010 and any benefits must be calculated in accordance with this chapter. However, if an individual is unemployed due to a strike at the separating employer's factory, establishment, or other premises at which the individual is or was last employed, the individual may receive weekly benefits for no more than six calendar weeks, subject to other limitations provided in this title. Any weekly benefits received unrelated to the individual's unemployment due to a strike may not be counted toward the six calendar weeks. (4) If benefits are issued as a result of a strike under this section, the department shall notify the separating employer of the mediation services available through the public employment relations commission. [ 2025 c 352 s 1; 1988 c 83 s 1; 1987 c 2 s 1; 1953 ex.s. c 8 s 12; 1945 c 35 s 77; Rem. Supp. 1945 s 9998-215. Prior: 1943 c 127 s 3; 1941 c 253 s 3; 1939 c 214 s 3; 1937 c 162 s 5.] NOTES: Conflict with federal requirements— RCW 50.20.092 Retroactive wages after a strike—Overpayment assessment. (Effective until December 31, 2035.) (1) If an individual receives benefits under this title while being unemployed due to a strike at the separating employer's factory, establishment, or other premises and the individual subsequently receives retroactive wages from the separating employer for any week for which he or she received benefits under this title, the department shall issue an overpayment assessment to recover the corresponding benefits as provided under RCW 50.20.190. (2) When an individual applies for benefits pursuant to RCW 50.20.090 due to a strike at the separating employer's factory, establishment, or other premises, the department shall notify the applicant of the potential for an overpayment assessment if retroactive wages are received. The notice may be provided by the department through an acknowledgment box in the online application process, a letter to the applicant, or another method reasonably determined by the department to provide notice to the applicant. (3) This section expires December 31, 2035. [ 2026 c 161 s 1; 2025 c 352 s 5.] NOTES: Conflict with federal requirements— RCW 50.20.093 Report on impact of strikes on unemployment insurance trust fund. (Expires January 1, 2036.) (1) By December 31, 2026, and continuing annually each year through 2035, the department must submit a report to the legislature on the prevalence of strikes occurring within Washington and the impact of strikes on the unemployment insurance trust fund. The report must include, at a minimum: (a) The total number of strikes occurring that year within Washington, the industry sectors in which strikes occurred, the number of employees that participated in each strike, the number of unemployment claims paid to workers participating in the strike, the total amount of unemployment benefits paid, the number of employers who experienced a rate class increase in the year following a labor strike, including the rate class for each employer without identifying information for the year prior to the strike and for the year following the strike, any increase in the social cost factor rate from the year prior to the strike and the year following the strike, and the benefits paid which are charged to employers who make payments in lieu of contributions; (b) The sum totals of all previous years' information required under (a) of this subsection since January 1, 2026; and (c) The sum totals of the information required in (a) of this subsection for each year in the 10 years prior to January 1, 2026, as well as the sum of those 10 years. (2) This section expires January 1, 2036. [ 2025 c 352 s 7.] NOTES: Effective date— RCW 50.20.095 Disqualification for attending school or institution of higher education. Any individual registered at an established school in a course of study providing scholastic instruction of twelve or more hours per week, or the equivalent thereof, shall be disqualified from receiving benefits or waiting period credit for any week during the school term commencing with the first week of such scholastic instruction or the week of leaving employment to return to school, whichever is the earlier, and ending with the week immediately before the first full week in which the individual is no longer registered for twelve or more hours of scholastic instruction per week: PROVIDED, That registration for less than twelve hours will be for a period of sixty days or longer. The term "school" includes primary schools, secondary schools, and "institutions of higher education" as that phrase is defined in RCW 50.44.037. This disqualification shall not apply to any individual who: (1) Is in approved training within the meaning of RCW 50.20.043; (2) Is in an approved self-employment assistance program under RCW 50.20.250; or (3) Demonstrates to the commissioner by a preponderance of the evidence his or her actual availability for work, and in arriving at this determination the commissioner shall consider the following factors: (a) Prior work history; (b) Scholastic history; (c) Past and current labor market attachment; and (d) Past and present efforts to seek work. [ 2007 c 248 s 2; 1980 c 74 s 4; 1977 ex.s. c 33 s 8.] NOTES: Report to legislature— RCW 50.20.098 Services performed by alien. (1) Benefits shall not be paid on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence, was lawfully present for purposes of performing such services, or otherwise was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of 8 U.S.C. Sec. 1182(d)(5): PROVIDED, That any modifications to 26 U.S.C. Sec. 3304(a)(14) as provided by PL 94-566 which specify other conditions or other effective date than stated herein for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under state law as a condition for full tax credit against the tax imposed by 26 U.S.C. Sec. 3301 shall be deemed applicable under this section. (2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. (3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his or her alien status shall be made except upon a preponderance of the evidence. [ 1993 c 58 s 2; 1989 c 92 s 1; 1977 ex.s. c 292 s 10.] NOTES: Conflict with federal requirements— RCW 50.20.099 Training benefits—Eligibility to work in the United States. (1) To ensure that unemployment insurance benefits are paid in accordance with RCW 50.20.098, the employment security department shall verify that an individual is eligible to work in the United States before the individual receives training benefits under RCW 50.22.150 or 50.22.155. (2) By July 1, 2002, the employment security department shall: (a) Develop and implement an effective method for determining, where appropriate, eligibility to work in the United States for individuals applying for unemployment benefits under this title; (b) Review verification systems developed by federal agencies for verifying a person's eligibility to receive unemployment benefits under this title and evaluate the effectiveness of these systems for use in this state; and (c) Report its initial findings to the legislature by September 1, 2000, and its final report by July 1, 2002. (3) Where federal law prohibits the conditioning of unemployment benefits on a verification of an individual's status as a qualified or authorized alien, the requirements of this section shall not apply. [ 2011 c 4 s 7; 2000 c 2 s 10.] NOTES: Contingent effective date— RCW 50.20.100 Suitable work factors. (1) Suitable work for an individual is employment in an occupation in keeping with the individual's prior work experience, education, or training and if the individual has no prior work experience, special education, or training for employment available in the general area, then employment which the individual would have the physical and mental ability to perform. In determining whether work is suitable for an individual, the commissioner shall also consider the degree of risk involved to the individual's health, safety, and morals, the degree of risk to the health of those residing with the individual during a public health emergency, the individual's physical fitness, the individual's length of unemployment and prospects for securing local work in the individual's customary occupation, the distance of the available work from the individual's residence, and such other factors as the commissioner may deem pertinent, including state and national emergencies. (2) For individuals with base year work experience in agricultural labor, any agricultural labor available from any employer shall be deemed suitable unless it meets conditions in RCW 50.20.110 or the commissioner finds elements of specific work opportunity unsuitable for a particular individual. (3) For part-time workers as defined in RCW 50.20.119, suitable work includes suitable work under subsection (1) of this section that is for seventeen or fewer hours per week. (4) For individuals who have qualified for unemployment compensation benefits under *RCW 50.20.050 (1)(b)(iv) or (2)(b)(iv), as applicable, an evaluation of the suitability of the work must consider the individual's need to address the physical, psychological, legal, and other effects of domestic violence or stalking. [ 2021 c 2 s 11; 2006 c 13 s 14. Prior: 2004 c 110 s 2; 2003 2nd sp.s. c 4 s 13; 2002 c 8 s 2; 1989 c 380 s 80; 1977 ex.s. c 33 s 6; 1973 1st ex.s. c 158 s 6; 1945 c 35 s 78; Rem. Supp. 1945 s 9998-216.] NOTES: *Reviser's note: RCW 50.20.110 Suitable work exceptions. Notwithstanding any other provisions of this title, no work shall be deemed to be suitable and benefits shall not be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; or (2) if the remuneration, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or (3) if as a condition of being employed the individual would be required by the employing unit to join a company union or to resign from or refrain from joining any bona fide labor organization. [ 1945 c 35 s 79; Rem. Supp. 1945 s 9998-217.] RCW 50.20.113 Unemployment of sport or athletic event participant during period between sport seasons. Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if the individual performed the services in the first of the seasons (or similar periods) and there is a reasonable assurance that the individual will perform the services in the latter of the seasons (or similar periods). [ 1977 ex.s. c 292 s 6.] NOTES: Effective dates— RCW 50.20.115 Unemployment due to vacation. When an unemployed individual is qualified for receipt of unemployment compensation benefits by the specific provisions of RCW 50.20.010, 50.20.120 and 50.20.130, and such individual is not specifically disqualified from receiving such benefits by reason of the provisions of RCW 50.20.090, 50.20.050, 50.20.060, 50.20.070 or 50.20.080, he [or she] shall, for all purposes of the unemployment compensation act, be deemed to be involuntarily unemployed and entitled to unemployment compensation benefits: PROVIDED, That the cessation of operations by an employer for the purpose of granting vacations, whether by union contract or other reasons, shall in no manner be construed to be a voluntary quit nor a voluntary unemployment on the part of the employees. [ 1983 c 3 s 158; 1951 c 265 s 12.] NOTES: Severability— RCW 50.20.117 Jury service. No otherwise eligible individual shall be denied benefits for any week because he or she is serving as a prospective or impaneled juror in any court of this state. Compensation received for service as a juror shall not be considered wages subject to contributions under this title nor shall such compensation be considered in determining base-year wages, but it shall be considered remuneration for purposes of a deduction from benefits under RCW 50.20.130. [ 1979 ex.s. c 135 s 6.] NOTES: Severability— RCW 50.20.118 Unemployment while in approved training. (1) For purposes of this section, "adversely affected worker," "approved training," "on-the-job training," and "suitable employment" have the same definition as in 20 C.F.R. Part 618. (2) An adversely affected worker may not be denied benefits because: (a) Such worker is enrolled in or participating in approved training; (b) Such worker refuses work to which the department referred such worker because such work either would require discontinuation of approved training or interfere with successful participation in approved training; (c) Such worker quits work that was not suitable employment and it was reasonable and necessary to quit in order to begin or continue approved training. This includes temporary employment the worker may have engaged in during a break in training; (d) Such worker continues full-time or part-time employment while participating in approved training; or (e) Such worker leaves on-the-job training within the first 30 days because the on-the-job training is not meeting the requirements of section 236(c)(1)(B) of the trade act of 1974, P.L. 96-618, as amended. [ 2021 c 2 s 12; 1982 1st ex.s. c 18 s 7.] NOTES: Intent— RCW 50.20.119 Part-time workers. (1) With respect to claims that have an effective date on or after January 2, 2005, an otherwise eligible individual may not be denied benefits for any week because the individual is a part-time worker and is available for, seeks, applies for, or accepts only work of seventeen or fewer hours per week by reason of the application of RCW 50.20.010(1)(c), 50.20.080, or 50.22.020(1) relating to availability for work and active search for work, or failure to apply for or refusal to accept suitable work. (2) For purposes of this section, "part-time worker" means an individual who: (a) Earned wages in "employment" in at least forty weeks in the individual's base year; and (b) did not earn wages in "employment" in more than seventeen hours per week in any weeks in the individual's base year. [ 2006 c 13 s 15. Prior: 2003 2nd sp.s. c 4 s 12.] NOTES: Retroactive application— RCW 50.20.120 Amount of benefits. (1) Benefits shall be payable to any eligible individual during the individual's benefit year in a maximum amount equal to the lesser of twenty-six times the weekly benefit amount, as determined in subsection (2) of this section, or one-third of the individual's base year wages under this title. (2) An individual's weekly benefit amount shall be an amount equal to three and eighty-five one-hundredths percent of the average quarterly wages of the individual's total wages during the two quarters of the individual's base year in which such total wages were highest. (3) The maximum and minimum amounts payable weekly shall be determined as of each June 30th to apply to benefit years beginning in the twelve-month period immediately following such June 30th. (a) The maximum amount payable weekly shall be either four hundred ninety-six dollars or sixty-three percent of the "average weekly wage" for the calendar year preceding such June 30th, whichever is greater. (b)(i) For claims with an effective date of June 30, 2021, or before, the minimum amount payable weekly shall be fifteen percent of the "average weekly wage" for the calendar year preceding such June 30th. (ii) For claims with an effective date of July 1, 2021, or after, the minimum amount payable weekly shall be 20 percent of the "average weekly wage" for the calendar year preceding such June 30th. (c) Notwithstanding the provisions of (a) and (b) of this subsection, an individual may not receive a weekly benefit amount that exceeds the individual's weekly wage. For purposes of this subsection, the "individual's weekly wage" means the individual's annualized total wages divided by 52. For purposes of this subsection, the "individual's annualized total wages" means the average quarterly wages of the individual's total wages during the two quarters of the individual's base year in which such total wages were highest, multiplied by four. This subsection applies to claims with an effective date on or after January 2, 2022, or such subsequent date as may be provided by the department by rule to continue eligibility of claimants in this state for federal unemployment benefits or receipt of federal funds under the coronavirus aid, relief, and economic security act (P.L. 116-136), the continued assistance for unemployed workers act of 2020 (P.L. 116-260), or other act extending such benefits or funds. (4) If any weekly benefit, maximum benefit, or minimum benefit amount computed herein is not a multiple of one dollar, it shall be reduced to the next lower multiple of one dollar. [ 2021 c 2 s 13; 2011 c 4 s 2; 2009 c 3 s 3; 2006 c 13 s 1; 2005 c 133 s 3; 2003 2nd sp.s. c 4 s 11; 2002 c 149 s 4; 1993 c 483 s 12; 1984 c 205 s 1; 1983 1st ex.s. c 23 s 11; 1981 c 35 s 5; 1980 c 74 s 3; 1977 ex.s. c 33 s 7; 1970 ex.s. c 2 s 5; 1959 c 321 s 2; 1955 c 209 s 1; 1951 c 265 s 11; 1949 c 214 s 16; 1945 c 35 s 80; Rem. Supp. 1949 s 9998-218. Prior: 1943 c 127 s 1; 1941 c 253 s 1; 1939 c 214 s 1; 1937 c 162 s 3.] NOTES: Intent— RCW 50.20.130 Deduction from weekly benefit amount. (1) If an eligible individual is available for work for less than a full week, he or she shall be paid his or her weekly benefit amount reduced by one-seventh of such amount for each day that he or she is unavailable for work: PROVIDED, That if he or she is unavailable for work for three days or more of a week, he or she shall be considered unavailable for the entire week. (2) Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his or her weekly benefit amount less: (a) Seventy-five percent of that part of the remuneration (if any) payable to him or her with respect to such week which is in excess of five dollars; or (b) For any weeks in which the individual is receiving training benefits as provided in RCW 50.22.155(2), half of that part of the remuneration (if any) payable to him or her with respect to such week which is in excess of five dollars. (3) The benefits in this section, if not a multiple of one dollar, shall be reduced to the next lower multiple of one dollar. [ 2011 c 4 s 13; 2010 c 8 s 13022; 1983 1st ex.s. c 23 s 12; 1973 2nd ex.s. c 7 s 3; 1959 c 321 s 3; 1951 c 215 s 15; 1949 c 214 s 17; 1945 c 35 s 81; Rem. Supp. 1949 s 9998-219. Prior: 1943 c 127 s 1; 1941 c 253 s 1; 1939 c 214 s 1; 1937 c 162 s 3.] NOTES: Contingent effective date— RCW 50.20.140 Filing applications and claims—Definitions. (1) An application for initial determination, a claim for waiting period, or a claim for benefits shall be filed in accordance with such rules as the commissioner may prescribe. An application for an initial determination may be made by any individual whether unemployed or not. Each employer shall post and maintain printed statements of such rules in places readily accessible to individuals in his or her employment and shall make available to each such individual at the time he or she becomes unemployed, a printed statement of such rules and such notices, instructions, and other material as the commissioner may by rule prescribe. Such printed material shall be supplied by the commissioner to each employer without cost to the employer. (2) The term "application for initial determination" shall mean a request in writing, or by other means as determined by the commissioner, for an initial determination. (3) The term "claim for waiting period" shall mean a certification, after the close of a given week, that the requirements stated herein for eligibility for waiting period have been met. If RCW 50.20.010(1)(d) is waived, the term "claim for waiting period" is not applicable. (4) The term "claim for benefits" shall mean a certification, after the close of a given week, that the requirements stated herein for eligibility for receipt of benefits have been met. (5) A representative designated by the commissioner shall take the application for initial determination and for the claim for waiting period credits or for benefits. When an application for initial determination has been made, the employment security department shall promptly make an initial determination which shall be a statement of the applicant's base year wages, weekly benefit amount, maximum amount of benefits potentially payable, and benefit year. Such determination shall fix the general conditions under which waiting period credit shall be granted and under which benefits shall be paid during any period of unemployment occurring within the benefit year fixed by such determination. [ 2021 c 2 s 14; 1998 c 161 s 2; 1951 c 215 s 4; 1945 c 35 s 82; Rem. Supp. 1945 s 9998-220. Prior: 1943 c 127 s 4; 1941 c 253 s 4; 1939 c 214 s 4; 1937 c 162 s 6.] NOTES: Intent— RCW 50.20.150 Notice of application or claim. The applicant for initial determination, his or her most recent employing unit as stated by the applicant, and any other interested party which the commissioner by regulation prescribes, shall, if not previously notified within the same continuous period of unemployment, be given notice promptly in writing that an application for initial determination has been filed and such notice shall contain the reasons given by the applicant for his or her last separation from work. If, during his or her benefit year, the applicant becomes unemployed after having accepted subsequent work, and reports for the purpose of reestablishing his or her eligibility for benefits, a similar notice shall be given promptly to his or her then most recent employing unit as stated by him or her, or to any other interested party which the commissioner by regulation prescribes. Each base year employer shall be promptly notified of the filing of any application for initial determination which may result in a charge to his or her account. [ 2010 c 8 s 13023; 1970 ex.s. c 2 s 7; 1951 c 215 s 5; 1945 c 35 s 83; Rem. Supp. 1945 s 9998-221. Prior: 1943 c 127 s 4; 1941 c 253 s 4; 1939 c 214 s 4; 1937 c 162 s 6.] NOTES: Effective date— RCW 50.20.160 Redetermination. (Effective until December 31, 2035.) (1) A determination of amount of benefits potentially payable issued pursuant to the provisions of RCW 50.20.120 and 50.20.140 shall not serve as a basis for appeal but shall be subject to request by the claimant for reconsideration and/or for redetermination by the commissioner at any time within one year from the date of delivery or mailing of such determination, or any redetermination thereof: PROVIDED, That in the absence of fraud or misrepresentation on the part of the claimant, any benefits paid prior to the date of any redetermination which reduces the amount of benefits payable shall not be subject to recovery under the provisions of RCW 50.20.190. A denial of a request to reconsider or a redetermination shall be furnished the claimant in writing and provide the basis for appeal under the provisions of RCW 50.32.020. (2) A determination of denial of benefits issued under the provisions of RCW 50.20.180 shall become final, in absence of timely appeal therefrom: PROVIDED, That the commissioner may reconsider and redetermine such determinations at any time within one year from delivery or mailing to correct an error in identity, omission of fact, or misapplication of law with respect to the facts. (3) A determination of allowance of benefits shall become final, in absence of a ti