Effect on small business
The rule may affect small businesses, as defined in s. 227.114 (1), Stats., if employees of small businesses are found to be eligible for unemployment benefits and if they would not have been previously eligible under the law in effect before this rule took effect. Agency contact person
Questions related to this rule may be directed to:
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
Mark Kunkel, Rules and Records Coordinator
Department of Workforce Development
P.O. Box 7946
Madison, WI 53707
Comments will be accepted until a date to be determined.
Section 1. DWD 127.01 (1) is amended to read:
DWD 127.01 (1) A Except as provided in sub. (3m), a claimant shall be eligible for unemployment benefits for any given week when the department finds that the claimant has completed at least 4 actions to search for suitable work within that week. Upon request of the department, a claimant shall provide verification of conducting at least 4 work search actions that are reasonably designed to secure work. Registration for work under ch. DWD 126 does not establish that the claimant is making a reasonable search for suitable work. It is essential that the claimant personally and diligently search for suitable work. The reasonableness of a search for work will, in part, depend on the employment opportunities in the claimant's labor market area. A work search which may be appropriate in a labor market area with limited opportunities may be totally unacceptable in an area with greater opportunities. Unreasonable limitations by a claimant as to salary, hours, or conditions of work indicate that a claimant is not making a reasonable search for suitable work. The department expects claimants to conduct themselves as would a prudent person who is out of work and seeking work. Section 2. DWD 127.01 (3m) is created to read:
DWD 127.01 (3m) The department shall waive work search requirements under sub. (1) for all claimants to respond to the spread of COVID-19, as defined in s. 128.001 (2) (ag). The waiver shall apply to each week during which this rule is in effect for any part of a week. Section 3. DWD 128.001 (2) (a) is renumbered DWD 128.001 (2) (ar).
Section 4. 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 5. DWD 128.001 (2) (aw) is created to read:
DWD 128.001 (2) (aw) "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. Section 6. 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 7. 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.
Section 8. 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 9. Initial applicability. This rule first applies to claims filed on or after February 2, 2021.
Section 10. Effective date. This rule shall take effect on February 2, 2021, or upon publication in the official state newspaper as provided in s. 227.24 (1) (c), whichever occurs later. Dated this 2nd day of February, 2021.
WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT
By: __________________________________________________________
Amy Pechacek, Secretary-designee
