Janell Knutson, Director, Bureau of Legal Affairs
Division of Unemployment Insurance
Department of Workforce Development
P.O. Box 8942
Madison, WI 53708
Telephone: (608) 266-1639
Place where comments are to be submitted and deadline for submission
Janell Knutson, Director, Bureau of Legal Affairs
Division of Unemployment Insurance
Department of Workforce Development
P.O. Box 8942
Madison, WI 53708
Comments will be accepted until a date to be determined.
Section 1. DWD 127.01 (2m) is created to read:
DWD 127.01 (2m) (a) In this subsection, "public health emergency” means any week or part thereof during a public health emergency declared by Executive Order # 72 on March 12, 2020, under s. 323.10, Stats., and any extension in response to the SARS-CoV-2 virus, including by the department of health services under ch. 252, Stats., or during a federally declared emergency in response to the SARS-CoV-2 virus, or during a period in which the state has been federally declared to be a major disaster due to the SARS-CoV-2 virus. (b) A public health emergency constitutes four work search actions for each weekly claim filed by a claimant during the public health emergency, unless federal law requires the claimant to actively seek work to qualify for federally funded benefits.
(c) The secretary of the department may waive compliance with par. (b) if the secretary determines that the waiver is necessary to permit continued certification of state law for grants to this state under Title III of the federal Social Security Act or for maximum credit allowances to employers under the federal Unemployment Tax Act or to maximize claimant's eligibility for 100% federally funded benefits to protect the balance of the Wisconsin Unemployment Insurance Trust Fund.
Section 2. DWD 128.001 (2) (a) is renumbered DWD 128.001 (2) (ar).
Section 3. DWD 128.001 (2) (ag) is created to read:
DWD 128.001 (2) (ag) “COVID-19” means the SARS-CoV-2 virus and any related disease.
Section 4. DWD 128.01 (7) is created to read:
DWD 128.01 (7) Covid-19. (a) Notwithstanding any other subsection in this section, the department shall consider a claimant to be available for suitable work if the claimant is perceived by an employer as exhibiting COVID-19 symptoms preventing a return to work, or the claimant is quarantined by a medical professional due to COVID-19 symptoms, or the claimant is instructed to stay home under local, state or federal government direction or guidance due to COVID-19, and one of the following applies:
1. The employer has instructed the claimant to return to work after the employee no longer exhibits symptoms, after a set amount of time to see if the disease is present, or after the quarantine is over.
2. The employer has not provided clear instruction for the claimant to return to work.
3. The claimant would be available for other work with another employer but for the perceived COVID-19 symptoms preventing a return to work or but for the quarantine.
(b) This subsection shall be good cause for not reporting for an eligibility review under s. DWD 128.03. Section 5. DWD 128.02 is created to read:
(1) An employee is not considered absent from work or to have missed work available if the employee is perceived by an employer as exhibiting COVID-19 symptoms preventing a return to work or the employee is quarantined by a medical professional or under local, state or federal government direction or guidance due to COVID-19.
(2) There is no work available for employees during a public health emergency, as defined in s. DWD 127.01 (2m) (a). Section 6. DWD 128.025 is created to read:
DWD 128.025 Waiver. The secretary of the department may waive compliance with all or any part of s. DWD 128.01 (7) or 128.02 if the secretary determines that the waiver is necessary to permit continued certification of state law for grants to this state under Title III of the federal Social Security Act or for maximum credit allowances to employers under the federal Unemployment Tax Act or to maximize a claimant's eligibility for 100% federally funded benefits to protect the balance of the Wisconsin Unemployment Insurance Trust Fund. Section 7. Effective date. This rule shall take effect upon publication in the official state newspaper as provided in s. 227.24 (1) (c). Dated this ______ day of May, 2020.
WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT
By: __________________________________________________________
Caleb Frostman, Secretary
