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The state has new regulations in place that govern when disabled employees are eligible for unemployment benefits.
New WAC 192-150-060 states that an employee has good cause to leave if separation is for a disability, provided the employee exercises reasonable caution to preserve their employment before leaving.
In particular, the employee must:
- Notify the employer of a disability before leaving work or beginning a leave of absence,
- Provide a physicians medical certification of any work restrictions attributed to the disability, and
- Promptly request reemployment when they are able to return to work.
In addition to these changes, the new regulation rewrites the rules on being available for work. This section states that a claimants disability, including disabilities relating to pregnancy, may affect the determination of suitable work.
A disabled claimant can establish availability to work by showing ability to work in less than full-time positions, or by showing ability to work if they can perform other jobs within their physical limitations.
The regulations define physician as including psychiatrists, chiropractors and naturopaths, in addition to medical doctors. |