The department shall waive a claimant's work registration
requirement for any given week if any of the following apply:
(2) The claimant is currently laid off from
employment with an employer but the employer has verified with the department
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. If the employer does not verify
the claimant's employment status, the department may consider any of the
following:
(am) The history of layoffs and
reemployments by the employer.
(bm)
Any information that the employer furnished to the individual concerning the
claimant's anticipated reemployment date.
(cm) 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.
(5) The claimant is summoned to
serve as a prospective or impaneled juror.
(6) 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., in a self-employment assistance program, or another program 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
registration requirements.
(7) The
claimant is unable to complete registration due to circumstances which the
department determines are beyond the claimant's control.
Note: This section 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.
Notes
Wis. Admin. Code Department of Workforce Development
DWD 126.03
Cr. Register, October,
1994, No. 466, eff. 11-1-94; am. (intro.), (2) (b), (c), Register, March, 1995,
No. 471, eff. 4-1-95; am. (2) (b) and (c), Register, September, 2000, No. 537,
eff. 10-1-00; EmR1316: emerg. am. (intro.), r. (1), am. (2) (intro.), r. (2)
(a) to (c), cr. (3) to (7) eff. as noted above; CR 13-081: am. (intro.), r.
(1), am. (2) (intro.), r. (2) (a) to (c), cr. (2) (am) to (cm), (3) to (7)
Register April 2014 No. 700, eff. as noted above.
Amended by,
Register
May 2015 No. 713, eff.6/1/2015
