WAC 192-150-055   Leaving work because of illness or disability -- General rules and definitions -- RCW 50.20.050 (1)(b)(ii) and (2)(b)(ii).  (1) General rule. To establish good cause for leaving work voluntarily because of your illness or disability or the illness, disability, or death of a member of your immediate family, you must demonstrate that:

     (a) You left work primarily because of such illness, disability, or death; and

     (b) The illness, disability, or death made it necessary for you to leave work; and

     (c) You first exhausted all reasonable alternatives prior to leaving work, including:

     (i) Notifying your employer of the reason(s) for the absence as provided in WAC 192-150-060; and

     (ii) Asking to be reemployed when you are able to return to work. (You are not required to request reemployment after the job separation has occurred to establish good cause.)

     (2) For claims with an effective date of January 4, 2004, or later, you are not eligible for unemployment benefits unless, in addition to the requirements of subsections (1)(a)-(c) above, you terminate your employment and are not entitled to be reinstated in the same or similar position.

     (3) Exception. You may be excused from failure to exhaust reasonable alternatives prior to leaving work as required by subsection (1)(c) if you can show that doing so would have been a futile act.

     (4) Definitions. For purposes of this chapter:

     (a) "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) "Immediate family" means your spouse, children (including unborn children), step-children, foster children, or parents of either spouse, whether living with you or not, and other relatives who temporarily or permanently reside in your household;

     (c) "Necessary" means the conditions are of such degree or severity in relation to your particular circumstances that they would cause a reasonably prudent person acting under similar circumstances to quit work.



[Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. 05-01-076, § 192-150-055, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. 02-14-035, § 192-150-055, filed 6/25/02, effective 7/26/02.]