Necessary Separation

We have previously posted about voluntarily leaving your job for a “good cause” such that you may still qualify for unemployment benefits due to illness or disability.  But there are many other reasons that may apply. Another reason is whether separation was necessary because of the illness or disability of the claimant or the death, illness, or disability of a member of the claimant’s immediate family if the claimant pursued all reasonable alternatives to preserve their employment status, such as asking for a leave of absences with prompt notification beforehand.  Also, if the claimant subsequently terminated their employment status and could not work in the same or a comparable or similar position for this same reason. Know that even if this criterion is met and the employer does not object to the unemployment benefits, the Employment Security Department [ESD] may still deny the benefits, in which case the claimant is looking at a hearing before the Office of Administrative Hearings [OAH].Due to COVID-19 and the intervening fraudulent claims burdening ESD, there is a longer than usual time to have your matter heard—OAH has ramped up use of additional of its Administrative Law Judges but currently estimates 30 days to transfer from ESD to OAH and then another 100+ days before a hearing is held and a decision is issued: http://oah.wa.gov/Content-Area-Management/Media-Communication-Hub/ESD-Appeals  Before this, however, there were examples of delays up to five (5) months just to transfer the case to OAH and have a hearing date and ALJ assigned. Regardless, you will want to be prepared to proceed when the time comes!

RCW 50.20.050(1)(b)(ii)