WAC 192-170-050 Suitable work factors--RCW 50.20.100. (1) Physical fitness. (a) In addition to those factors listed in RCW 50.20.100 and RCW 50.20.110, the department will consider whether you have a disability that prevents you from performing the essential functions of the job without a substantial risk to your health or safety.

(b) The department may determine in individual circumstances that less than full-time work is suitable if:

(i) You have a disability as defined in WAC 192-16-013;

(ii) The disability prevents you from working the number of hours that are customary to the occupation;

(iii) You are actively seeking work for the occupation(s) and hours you have the ability to perform; and

(iv) The restriction on the number of hours you can work, the essential functions you can perform, and the occupations you are seeking does not substantially limit your employment prospects within your general area.

(c) Disabilities resulting from pregnancy will be treated the same as other disabilities, except that the department will also consider the risk to your pregnancy when deciding whether work is suitable.

(d) The department will require verification from a physician of your disability and the risk to your health and safety of performing certain tasks or engaging in certain occupations, including any restrictions placed on your availability for full-time work.

(2) Definition of general area. "General area" means an individual’s labor market area and includes the geographic area within which an individual would customarily seek work in a given occupation.

WAC 192-170-060 Availability for work--Disability. (1) If you leave work because of a disability as defined in WAC 192-16-013 and, prior to the date you leave work or begin a leave of absence your employer does not offer you other suitable work within the company or business, you will not be found unavailable for work for not having requested alternative work with your employer.

(2) The provisions of subsection (1) apply only when:

(a) You notified your employer about your disabling condition; and

(b) Your disability and resulting work restrictions are supported by a physician’s statement, the terms of a collective bargaining agreement, or your individual employment contract.

(3) This section also applies if you are on a voluntary leave of absence from work because of a pregnancy-related disability.

WAC 192-180-xxx Requirements of individuals who leave work due to illness or disability. If you leave work because of your illness or disability:

(1) You must meet the job search requirements described in RCW 50.20.240; and

(2) The department will provide you with a directive that lists the job search requirements you must meet to maintain your eligibility for benefits. These job search requirements will not be more stringent than those imposed on claimants who are not disabled.

WAC 192-150-xxx Leaves of absence due to illness or disability. (1) A leave of absence from work due to your illness or disability or that of a member of your immediate family will be considered a voluntary quit under RCW 50.20.050(2)(b). This is true even if, under state or federal disability or discrimination law, the employer is required to hold the job for you.

(2) A separation as described in subsection (1) will be considered a voluntary quit that is not attributable to the employer, and the employer may request relief of charges under WAC 192-320-070.

The following section of the Washington Administrative Code is repealed: