Wis. Admin. Code Department of Workforce Development DWD 127.02

Current through October 28, 2024

Section DWD 127.02 - Waiver of work search requirements

The department shall waive a claimant's requirement to conduct at least 4 actions to search for suitable work if any of the following apply:

(1) The claimant performs any work for his or her customary employer.

Note: Sub. (1) is amended by CR 13-081 effective when the secretary of the department determines the department has the technological ability to implement the changes made by CR 13-081 to read:

(1) The claimant performs at least 20 hours of work for any employer in that week.

(2) The claimant is currently laid off from employment with an employer but there is a reasonable expectation that the claimant will be returning to employment within a period of 8 weeks, which may be extended an additional 4 weeks but may not exceed a total of 12 weeks. In determining whether the claimant has a reasonable expectation of reemployment by the employer, the department shall request the employer to verify the claimant's employment status. If the employer does not verify the claimant's employment status, the department may consider any of the following:

(a) The history of layoffs and reemployments by the employer.

(b) Any information that the employer furnished to the individual concerning the claimant's anticipated reemployment date.

(c) Whether the claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement.

(3) The claimant has a reasonable expectation of starting employment with a new employer within 4 weeks and the employer has verified the anticipated starting date with the department. The waiver shall not exceed 4 weeks.

(4) The claimant has been laid off from work and routinely obtains work through a union referral and all of the following apply:

(a) The union is the primary method used by workers to obtain employment in the claimant's customary occupation.

(b) The union maintains a record of unemployed members, and the referral activities of these members, and allows the department to inspect such records.

(c) The union provides, upon the request of the department, any information regarding a claimant's registration with the union or any referrals for employment it has made to the claimant.

(d) Prospective employers of the claimant seldom place orders with the public employment office for jobs requiring occupational skills similar to those of the claimant.

(e) The claimant is registered for work with a union and satisfies the requirements of the union relating to job referral procedures, and maintains membership in good standing with the union.

(f) The union enters into an agreement with the department regarding the requirements of this subsection.

(6) The claimant is summoned to serve as a prospective or impaneled juror.

(7) The claimant is enrolled in and satisfactorily participating in a course of approved training under s. 108.04(16), Stats., in a work share program under s. 108.062(10m), Stats., or in a self-employment assistance program or another program that has been enacted by the Wisconsin or federal legislature and the program includes that claimants who participate in the program shall be waived by the department from work search requirements.

(8) The claimant has not made a search for suitable work because of an error made by personnel of the department.

(9) The claimant's most recent employer failed to post appropriate notice posters as to claiming unemployment benefits as required under s. DWD 120.01 and the claimant was not aware of the work search requirement.

(11) The claimant has been referred for reemployment services, is participating in such services, or is not participating in such services, but has justifiable cause for failure to participate. Justifiable cause includes that the claimant is unable to participate due to any of the following:

(a) The claimant is summoned to serve as a prospective or impaneled juror.

(b) The claimant is enrolled and satisfactorily participating in a course of training approved by the department, in a work share program under s. 108.062(10m), Stats., or in a self-employment assistance program or another program that has been enacted by the Wisconsin or federal legislature and the program includes that claimants who participate in the program shall be waived by the department from work search requirements.

(c) The claimant is employed.

(d) The claimant is attending a job interview.

(e) Circumstances which the department determines are beyond the claimant's control.

Note: This section, except sub. (1) as noted above, is shown as affected by CR 13-081 effective June 1, 2015, in accordance with the requirements of section 47 of CR 13-081, which provides:

With respect to changes to ss. DWD 126.03 and 127.02, the rule will take effect when the Secretary determines the department has the technological ability to implement the changes. as determined by the secretary of the department determines the department has the technological ability to implement the changes.

Note: The department published the following notice in Register May 26, 2015 No. 713B:

Effective June 1, 2015, Secretary Reginald Newson of the Wisconsin Department of Workforce Development (DWD), determined that DWD has the technological ability to implement the changes made by Clearinghouse Rule No. 13-081 to ss. DWD 126.03 and 127.02 (intro.), and (2) to (11), Wis. Adm. Code.

The requirements of these provisions will be enforced beginning June 14, 2015.

Wis. Admin. Code Department of Workforce Development DWD 127.02

Cr. Register, July, 1984, No. 343, eff. 8-1-84;CR 06-072: (6) to (11) renum. from DWD 127.03(1) to (6) and am. (9), am. (intro.) and (3) (intro.), r. and recr. (2), Register December 2006 No. 612, eff. 1-1-07; EmR1316: emerg. am. (intro.), (1), renum. (2) (intro.) to (2) and am., r. (2) (a) to (c), renum. (3) (intro.) to (3) and am., r. (3) (a) to (c), am. (4), r. (5), am. (7), (9), r. (10), am. (11), cr. (12) eff. 9-29-13; CR 13-081: am. (intro.), (1), (2) (intro.), (b), renum. (3) (intro.) to (3) and am., r. (3) (a) to (c), am. (4), r. (5), am. (7), (9), r. (10), cons. and renum. (11) (intro.) and (d) to (11) and am., r. (11) (a), (b) Register April 2014 No. 700, eff. as noted above.

Amended by, Register May 2015 No. 713, eff.6/1/2015