Statutory authority for the rule, including the statutory citation and language:
The Department has statutory authority for the proposed rule.
“The department may adopt and enforce all rules which it finds necessary or suitable to carry out this chapter.” Wis. Stat. § 108.14(2). “The department may, by rule, do any of the following if doing so is necessary to comply with a requirement under federal law or is specifically allowed under federal law: Establish additional waivers from the requirements under par. (a) 2. and 3.” Wis. Stat. § 108.04(2)(bd)2. Estimate of the amount of time that state employees will spend developing the rule and other resources necessary to develop the rule:
The estimated time is 80 hours.
Description of all entities that may be affected by the proposed rule:
Claimants who are job attached, otherwise eligible for benefits, and are under quarantine or isolation. Employers whose employees qualify for unemployment benefits under this rule who would not have qualified under current state law.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Federal law requires, with exceptions, unemployment benefit claimants to be available for work. 20 C.F.R. §§ 604.3; 604.5. Federal law requires state law to conform to and comply with federal regulations. See 20 C.F.R. § 601.5. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The proposed rule is expected to have an economic impact on unemployment insurance benefit claimants, who may be found to be eligible for unemployment benefits under this rule but who are not eligible under current law. The proposed rule is expected to have an economic impact on employers, including small businesses, because additional unemployment benefits may be charged to contribution employers’ unemployment reserve accounts and to employers subject to reimbursement financing.
Approval of the agency head or authorized individual:
_______________________________________ ___________________________
Pamela R. McGillivray, Chief Legal Counsel Date Submitted
