UI Benefit Policy Guide
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What's New in the BPG? (Updated 9-3-2003)

Section One: Availability

5. GENERAL

5.15 Provisions of the Law
5.16 Definitions of Suitable & Unsuitable Work
5.75 Statutory Interpretation

10. CLAIMANT DIRECTIVE, GENERAL

10.1 Requirements of a Directive
10.8 Premature or Arbitrary Directives

30. ABILITY TO WORK

30.05 General
30.36 Medical Verification
30.6 Department's Duty to Assist Claimants

40. SCHOOL OR TRAINING

Policy Statement
40.05 General
40.1 Commissioner Approval of Training - General
40.10 Training Defined -- WAC 192-12-180
40.15 Training Approved by the Commissioner -- WAC 192-200-020
40.20 Attendance Requirements While in CAT
40.3 Full-time Academic Students (12 or more hours per week)
40.35 Effective Date of Denial
40.5 Part-time Academic Students
40.8 Training & Individuals with Established Occupations
40.85 Students Needing Skills for Stable Employment
40.86 Participants in Training Funded by Trade Adjustment Assistance (TAA)
40.87 Basic Education Courses As A Prerequisite For Vocational Training
40.88 Training Funded by JTPA Title III & EDWAA
40.89 "Dislocated Workers" Training Funded by another Source
40.9 Literacy Training or Courses in English as a Second Language
40.95 Individuals Directed to Job Search Workshops or Training

90. CONSCIENTIOUS OBJECTION

90.50 Religious or Moral Scruples

135. TEMPORARY AGENCY EMPLOYEES

135.95 Assignments

150. DISTANCE TO WORK

150.05 General
150.15 Removal from Local Labor Market
150.155 To Remote Area
150.157 Travel to Seek Work Elsewhere
150.2 Transportation

155. DOMESTIC CIRCUMSTANCES

155.05 General
155.6 Dependent Care

160. WILLINGNESS TO WORK

160.05 General
160.055 Information or Advice Furnished by the Department
160.058 Misunderstanding Department Information
160.1 Application for Work
160.103 Former Employers
160.105 Limited or Inadequate Search, Effect on Availability
160.108 Seeking Self-employment Only
160.15 Attitude or Behavior
160.2 Diligence of Search, Degree of
160.201 Search Not Required In All Occupations For Which Qualified
160.203 Obtained or Prospective Employment
160.205 Health or Physical Condition
160.207 Limitations or Restrictions by Claimant
160.208 Preferred Employer or Employment
160.55 Methods of Searching or Applying
160.554 Search for Work With Private Employment Agency
160.758 Union
160.8 Scope of Search -- Geographic Area
160.805 Primary Occupation of Claimant
160.806 Scarcity of Work Openings in an Area
160.807 Secondary Occupation of Claimant
160.9 Testing and Counseling
160.95 Dress or Grooming

190. EVIDENCE

190.1 Burden of Proof and Presumption
190.101 Presumption of Normal Procedure Followed by Local Office
190.102 No Presumption of Ability to Work

195. EXPERIENCE OR TRAINING

195.05 General
195.4 Insufficient Experience or Training
195.8 Restriction to Customary Occupation/Highest Skill

215. GOVERNMENT REQUIREMENTS

215.1 License or Permit
215.4 Aliens

235. HEALTH OR PHYSICAL CONDITION

235.1 Ability to Work
235.25 Illness or Injury
235.3 Physical Limitation
235.4 Pregnancy

250. INCARCERATION OR OTHER LEGAL DETAINMENT

250.1 Availability for Work
250.2 Exceptions

275. LANGUAGE DIFFICULTY

280. LABOR MARKET

280.4 General
280.6 Removal from One Labor Market to Another

285. LEAVE OF ABSENCE OR VACATION

285.05 Voluntary Leave of Absence
285.6 Mandatory Leave of Absence
285.62 Medical Leave of Absence
285.65 Request to Return to Work Before End of Voluntary Leave of Absence

295. LENGTH OF UNEMPLOYMENT

295.05 General

360. PERSONAL AFFAIRS

360.05 General

365. PROSPECT OF WORK

365.05 General

370. PUBLIC SERVICE

370.1 Jury Duty

375. RECEIPT OF OTHER PAYMENTS

375.05 General
375.055 Industrial Insurance Disability & Crime Victims Compensation
375.060 Availability and Pension Payments
375.8 Vacation Pay

415. SELF-EMPLOYMENT OR OTHER WORK

415.05 General
415.23 Volunteer Services
415.8 Commission Sales

430. PARTIAL UNEMPLOYMENT, EFFECT ON AVAILABILITY

435. STANDBY STATUS

435.05 General
435.06 Futile Work Search

450. AVAILABILITY FOR CUSTOMARY HOURS OF WORK

450.1 Days of the Week
450.15 Hours and Shifts
450.4 Part-time or Full-time

475. UNION RELATIONS

475.1 Availability During a Strike or Lockout
475.5 Membership
475.501 Availability for Picket Duty
475.507 Strike Benefits Not Wages
475.6 Registration with a Referral Union

500. WAGES

500.05 General
500.051 Prevailing Wage Rate
500.052 Substantially Less Favorable Wage
500.35 Comparison with Former Rate

510. WORK, NATURE OF

510.4 Preferred Employer or Employment
510.7 Temporary Work
510.8 Work Unsuitable for Claimant Due to Illness or Injury

Section Two: Evidence

5. GENERAL

30. FINDING OF FACT AND/OR CONCLUSIONS

30.25 Conclusiveness of Federal Agency Findings

50. PRESUMPTIONS

50.3 Fraud not Presumed
50.5 Prima Facie Case of Fraud

70. PROOF

70.2 To Establish Fraud
70.3 Elements to Establish Fraud
70.5 Burden to Establish Misconduct
70.6 Burden To Establish Good Cause

Section Three: Labor Dispute

5. GENERAL

5.1 Eligibility During A Strike or Lockout
5.2 Explanation of Terms Used in this Section

35. AT THE FACTORY, ESTABLISHMENT OR OTHER PREMISES

125. DETERMINATION OF THE EXISTENCE OF A LABOR DISPUTE

130. DIRECTLY INTERESTED IN A LABOR DISPUTE

130.5 General

175. EMPLOYMENT SUBSEQUENT TO THE DISPUTE

175.05 General

205. PARTICIPATING IN A LABOR DISPUTE

205.20 Refusal to Cross a Picket Line

220. GRADE OR CLASS OF WORKER

220.05 General
220.20 Integrated Operation

420. CAUSAL RELATIONSHIP

450. PARTIAL WEEK DISQUALIFICATION

470. UNEMPLOYMENT PRIOR TO LABOR DISPUTE

470.5 General

480. PERMANENT REPLACEMENT

Section Four: Misconduct

5. GENERAL

5.1 Provisions of the Code
5.2 Definition of Misconduct
5.3 Definition of Suspension
5.4 Definition of Felony or Gross Misdemeanor
5.5 Definition of Competent Authority
5.75 Statutory Interpretation
5.756 Work Connected

15. ABSENCE FROM WORK

15.05 Absenteeism and Tardiness
15.1 Employer Notified of Absence
15.25 Imprisonment
15.32 Employer Not Notified of Absence
15.45 Absence Due to Illness
15.457 Sick Leave Abuse
15.55 Leaving Job Without Approval

45. ATTITUDE TOWARD EMPLOYER

45.27 Violations of Reasonable Standards of Behavior
45.6 Off-Duty Misconduct

85. CONNECTED WITH THE WORK

85.1 Garnishment of Wages
85.4 False Statement on an Application for Work
85.5 Dishonesty

135. DISCHARGE OR LEAVING

135.05 General
135.25 Discharge Prior to Effective Date of Resignation
135.35 Leaving in Anticipation of Discharge
135.40 Quit in Lieu of Discharge
135.60 Temporary Total Disability (TTD) Claims
135.95Temporary Agency Employees

190. EVIDENCE

190.1 Burden of Proof and Presumptions
190.2 Federal Agency Findings

200. FELONY OR GROSS MISDEMEANOR DISQUALIFICATION

255. INSUBORDINATION

255.15 Deliberate Refusal to Obey Orders

300. MANNER OF PERFORMING THE WORK

300.05 General

350. PERIOD OF DISQUALIFICATION

385. RELATION OF THE OFFENSE TO THE DISCHARGE

385.3 Direct or Basic Cause of Discharge

390. RELATIONS WITH FELLOW EMPLOYEES

390.05 General
390.02 Fighting or Assault
390.8 Discrimination and Sexual Harassment

475. UNION MEMBERSHIP

485. VIOLATION OF COMPANY RULE

485.05 General
485.10 Isolated Instance of Gross Negligence
485.35 Termination Because of Marriage
485.4 Use of Intoxicants
485.6 Failure to Attend Treatment Programs
485.96 Warnings After prior Violation

Section Five: Misrepresentation

5. GENERAL

5.1 Provisions
5.75 Statutory Interpretation
5.755 Fraud

190. EVIDENCE

190.05 General
190.1 Burden of Proof and Presumptions
190.7 How a Prima Facie Case is Established and Rebutted
190.9 Weight and Sufficiency

300. MATERIAL FACT, FAILURE TO DISCLOSE

300.05 General

301. MATERIALITY OF FALSE STATEMENT OF UNDISCLOSED FACT

301.05 General

350. PERIOD OF DISQUALIFICATION

350.15 Initial Denial for Fraud
350.3 Ending Date of Denial

505. WILLFULNESS OF FALSE STATEMENT OR NONDISCLOSURE

505.05 General
505.45 Intent

Section Six: Overpayments

5. GENERAL

5.1 Provisions of the Code

35. ASSESSMENT AND COLLECTION

35.1 Amount of Overpayment
35.15 Basis for Assessment of an Overpayment
35.65 Recovery of Overpayments
35.75 Time Limitations on Overpayments

180. WAIVER OF AN OVERPAYMENT AND OFFER IN COMPROMISE

200. FAULT

200.05General

210. FRAUD, MISREPRESENTATION AND WILLFUL NONDISCLOSURE

Section Seven: Procedure

50. PROCEDURE

50.1 Claim for Benefits
50.103 Informing Claimants of Rights -- Duty of the Department
50.2 Claimant Directive -- See Able and Available
50.25 Determinations
50.251 Periods Ruled Upon by the OAH
50.252 Continuing Denial During a Labor Dispute
50.253 Overpayment Liability -- See Overpayment
50.256 Overpayment Time Limitations -- See Overpayment
50.4 Providing Information
50.406 Effect of Misinforming Claimants
50.408 Requesting Information
50.701 Authority to Redetermine
50.706 Redetermination Because of New Information
50.709 Time Limitations Applying to Redeterminations and Appeals
50.80 Conditional Payment
50.81 Continued Claim Recipient Defined
50.82 Due Process
50.83 Opportunity to be Heard
50.84 Notice Process

Section Eight: Reporting Requirements

10. BENEFIT YEAR

10.1 General
10.3 Filing an Initial Claim
10.4 Backdating an Initial Claim
10.42 Backdating for Our Convenience
10.43 Claimant Good Cause for Backdating
10.44 Limitations on Backdating for Good Cause
10.8 Cancelling a Benefit Year

20. FILING WEEKLY CLAIMS

20 General
20.8 Timely Claims
20.805 Good Cause for Filing Late Claims
20.825 General
20.9 Claims Filed by a Partially Employed Claimant

70. REGISTRATION AND REPORTING

70.1 General
70.12 Failure to Contact the TeleCenter or Report to a Reemployment Center as Directed
70.15 Claimants Not Required to Register with a Reemployment Center
70.20 Reopening a Claim
70.30 In Person Report to a Local Employment Center
70.40 Failure to Attend a Job Search Workshop or Training Course

75. LIFTING RCW 20.20.050(4) DENIAL

75.55 Extended Benefits

80. INTERSTATE REPORTING REQUIREMENTS

80.10 Interstate Definitions
80.15 Agent State Duties
80.20 Weekly Claims Against Washington from Another State

Section Nine: School Employees

75. SCHOOL EMPLOYEES

75.05 General
75.07 Wage Credits
75.19 Definitions of Educational Institutions
75.192 Institutions of Higher Education
75.193 Other Education Institutions
75.198 Wage Credits Subject to RCW 50.44
75.20 Certified Employees
75.21 Research or Administrative Employees
75.22 Classified Employees
75.23 Educational Service District Employees
75.30 Contract, Reasonable Assurance, "Same Terms & Conditions"
75.301 Continuing Contract
75.302 Reasonable Assurance
75.303 Is "Reasonable Assurance" a Bona fide Offer?
75.36 Period of Wage Restriction
75.405 9 Month and 12 Month Academic Year
75.415 Scheduled Vacation or Holiday Recess During a Quarter
75.425 Employer Representative
75.430 Hours Reported to Tax Branch for Monetary Purposes
75.435 Nonmonetary Procedures
75.75 Substitute Teachers
75.751 Substitute Teachers in Several Districts
75.752 Substitute Teachers and Substitute Classified Employees in Districts That Include Year-Round Schools.

Section Ten: Suitable Work

5. GENERAL

5.1 Code, Provisions of
5.15 Individuals in Training or Attending Job Search Workshops
5.155 Suitable & Unsuitable Work Defined
50.75 Statutory Interpretation
50.756 Interested Parties
50.757 Offer Contingent Upon Passing a Test

90. CONSCIENTIOUS OBJECTION

90.50 Religious or Moral Scruples

135. TEMPORARY AGENCY EMPLOYEES

135.95 Assignments

150. DISTANCE TO WORK

150.05 General

155. DOMESTIC CIRCUMSTANCES

155.1 Children, Care of

170. DEPARTMENT RESPONSIBILITY IN WORK REFUSAL ISSUES

170.05 Occupational Code Classification
170.1 Dept. Responsibility to Determine Suitability
170.2 Refusal of Referral
170.201 Department Responsibility to Issue Directives
170.202 Referral by a Private Employment Agency
170.203 Denial Effective With the Week of Refusal
170.207 Refusal When No Week Claimed
170.8 Work Not Available at Time of Referral

195. EXPERIENCE OR TRAINING

195.05 General
195.1 Agricultural Labor
195.155 Definition of Agricultural Labor

210. GOOD CAUSE FOR REFUSING WORK OR REFUSING TO APPLY

210.05 General

235. HEALTH OR PHYSICAL CONDITION

235.05 General
235.1 Ability to Perform Work
235.25 Illness or Injury

265. INTERVIEW AND ACCEPTANCE

265.05 General

295. LENGTH OF UNEMPLOYMENT

295.05 General

310. ACCEPTANCE OF EMPLOYMENT BUT FAILURE TO PERFORM SERVICES

330. REFUSAL OF REFERRAL, INTERVIEW OR OFFER

330.10 Private Employment Agency

365. PROSPECT OF OTHER WORK

365.05 General
365.054 Two or More Jobs Offered at the Same Time

450. TIME

450.15 Hours
450.20 Shifts
450.25 Comparing Hours to the Prevailing Standard
450.4 Part Time or Full-time Hours

475. UNION RELATIONS

475.4 Labor Management Agreement
475.404 Joining or Maintaining Union Membership

480. VACANT DUE TO A LABOR DISPUTE

480.7 Such Work Unsuitable

500. WAGES

500.05 General
500.35 Former Rate, Comparison With

510. WORK, NATURE OF

510.1 Customary Occupation
510.2 Former Employer or Employment
510.4 Preferred Employer or Employment
510.8 Temporary Employment

515. WORKING CONDITIONS

515.3 Fringe Benefits

Section Eleven: Total & Partial Unemployment

5. GENERAL

5.1 Code, Provisions of
5.15 Full-time Work Defined
5.16 Definition of Remuneration
5.17 Reserve Pay

150. DEFINITION OF AN UNEMPLOYED INDIVIDUAL

150.05 General
150.25 Employed or Unemployed Status of Fishing Vessel Workers
150.251 Extent of Services
150.254 Prorating Earnings From Commercial Fishing
150.3 Other Factors - Availability for Work
150.33 De Minimis Services (of Little Value)
150.334 Services While in School or Training on the Job
150.335 Services as Union Official or Corporate Officer
150.336 Volunteer Services

350. PARTIAL UNEMPLOYMENT

350.05 General

400. COMMISSION SALES AND SELF-EMPLOYMENT

400.05 General
400.10 Commission Sales
400.104 Extent of Services, Commission Sales
400.108 Remuneration From Commission Sales

415. SELF-EMPLOYMENT

415.05 General
415.10 Future Self-employment
415.20 Corporate Activities or Self-employment
415.30 Self-employment - Determination of Unemployed Status
415.40 Seasonal Self-employment
415.50 Estimating Self-employment Income

460. TYPE OF REMUNERATION RECEIVED

460.05 General
460.10 Accrued Compensation
460.20 Back-Pay Awards
460.30 Bonuses
460.40 Federal Agricultural Program Payments
460.50 Medium Other Than Cash
460.501 Value of Meals and Housing
460.52 Pay in Lieu of Notice
460.521 Worker Notification of Plant Closure
460.53 Retirement Pensions and Disability Retirement Pensions
460.531 Receipt of a Pension
460.532 Pension Based on Claimant's Work
460.533 The Effect of Services Performed During the Base Year
460.534 Method of Pension Payment - Lump Sum or Periodic Payments
460.535 Individuals Not Eligible for Pension Plan
460.536 Availability and the Receipt of Pensions
460.54 Jury Duty
460.55 Severance or Separation Pay
460.555 Payments Due to Plant Closure Agreements
460.56 Termination Payments Other Than Severance Pay
460.561 Termination of Individual Written Employment Contracts
460.57 Shut-Down Pay
460.58 Sick-Leave Pay
460.581 Accrued Sick-Leave Pay
460.582 Shared Leave
460.59 Disability Insurance Payments
460.595 Time Loss Payments and Crime Victims Compensation
460.596 Retroactive Time Loss and Crime Victims Awards
460.60 Standby Pay, Show-Up Time, and Minimum Pay
460.61 Strike Benefits
460.63 Supplemental Unemployment Insurance
460.64 Tips
460.65 Travel Pay, Subsistence Allowances and Reimbursements
460.75 Vacation or Holiday Pay
460.85 Welfare Funds (Private)
460.87 Public Assistance, Work on Public Projects
460.88 Community Work Experience Program (Workfare)
460.90 Teachers, Pay of
460.91 Stipends
460.911 Work Study
460.92 Income From Investments
460.93 National Guard Pay

Section Twelve: Voluntary Leaving

5. GENERAL

5.1 Code, Provisions of
5.75 Statutory Interpretation
5.751 Definition of an Employment Relationship

90. CONSCIENTIOUS OBJECTION

90.50 Moral and Religious Convictions
90.504 Refusal to Join Union Required by Labor-Management Agreement

135. QUIT OR DISCHARGE

135.05 General
135.15 Job Abandonment or Constructive Quit
135.17 Discharge Prior to Effective Date of Resignation
135.2 Interpretation of Action or Remark of Employer or Employee
135.22 Employer Initiated Layoff or Voluntary Quit
135.225 Layoff of Civilian Employees of the Defense Department
135.23 Work Refusal or Voluntary Quit
135.35 Quit in Anticipation of Discharge
135.40 Quit in Lieu of Discharge
135.5 Leaving Due to Employer-Required Drug Testing
135.60 Temporary Total Disability (TTD) Claims
135.8 Disciplinary Action
135.9 Withdrawal of Resignation Prior to Effective Date
135.95Temporary Agency Employees

150. DISTANCE TO WORK

150.073 Domicile/Residence Definition
150.10 Working Outside Customary Labor Market
150.155 Resident of a Remote Area
150.157 Union Jurisdiction

155. DOMESTIC RESPONSIBILITIES - GENERAL

155.07 Period of Denial -- RCW 50.20.050(4)
155.1 Care of Children
155.102 Leaving Work at Parent's Direction
155.2 Home or Spouse in Another Locality
155.2045 Military Dictate
155.4 Marriage
155.401 Common Law Marriage
155.407 Preservation or Termination of Marriage
155.408 Harassment or Abuse of Family Members

210. GOOD CAUSE - WORK RELATED REASONS

210.5 Prudent Person Test

235. HEALTH OR PHYSICAL CONDITION

235.05 General
235.055 Emotional or Mental Disorder
235.25 Risk to Health
235.41 Health of Mother
235.42 Health of Unborn Child

285. LEAVE OF ABSENCE

285.35 Failure to Request, Accept or Extend a Leave of Absence

310. SEPARATION TO ADJUDICATE

310.05 General
310.06 Compensable Week Necessary Before Adjudication of Separation
310.07 Bona fides of Last Employment
310.1 Acceptance of Employment but Failure to Perform Services
310.6 Leaving Work to Enter Self-employment

350. DATES OF ALLOWANCE OR DENIAL OF BENEFITS

350.05 General
350.16 Interim Denial for Premature Quit

360. PERSONAL AFFAIRS OR REASONS

360.05 General
360.35 Financial Difficulties
360.72 Religious Convictions
360.78 Retirement
360.79 School or Training
360.795 Quitting to Participate in Commissioner Approved Training
360.80 Participants in TRA Training

365. LEAVING TO ACCEPT A BONA FIDE JOB OFFER

365.1 Nature of Employment Offered
365.15 Nature of Offer
365.20 Timing of Offer and Leaving

375. RETIREMENT BENEFITS

450. TIME

450.35 Overtime
450.45 Reduction in Hours

475. UNION RELATIONS

475.05 General
475.5 Separation Because of Labor-Management Agreement
475.503 Join Union and/or Maintain Union Membership

500. WAGES

500.05 General
500.37 Reduction in Wages
500.375 Failure to Be Paid on Time

515. WORKING CONDITIONS

515.05 General
515.12 Assignment of Work
515.25 Discrimination
515.255 Burden of Proof of Discrimination
515.35 Failure to Seek Adjustment or Try New Agreement Prior to Leaving
515.63 Risk to Health
515.65 Risk to Safety
515.9 Transfer to Other Work (Downgrade)