DWD 127.02 Note
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: DWD 127.02 NoteWith 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.
DWD 127.02 Note
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.
DWD 127.02 History
History: 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. 4-1-15, except (1), as noted above.
DWD 127.04
DWD 127.04 Claimants to present verification of work search actions. DWD 127.04(1)(1)
Upon request, a claimant shall provide verification of conducting at least 4 work search actions to the department by computer-based programs or other methods approved by the department. The department shall consider alternate forms of submittal of completed information by a claimant on an individual basis when there is good cause for the claimant's inability to use a computer-based program. Good cause for failure to use a computer-based program as prescribed by the department shall include any of the following:
DWD 127.04(1)(am)
(am) The claimant possesses physical, mental, educational, or linguistic limitations.
DWD 127.04(1)(bm)
(bm) The claimant has unusual or unavoidable circumstances beyond the claimant's control.
DWD 127.04 Note
Note: The department shall notify claimants that it will consider alternate methods to verify a claimant's work search actions if there is good cause for the claimant's inability to use a computer-based program. In addition, the department shall provide claimants with information about how to request assistance with providing work search verification.
DWD 127.04(1m)
(1m) A claimant shall retain verification of all work search actions for 52 weeks following the week in which the work search actions occurred. Items used for verification shall include any of the following:
DWD 127.04(1m)(a)
(a) Applications for work including the date on which the claimant made an employer contact; if available, the name and address of the employer and the name of the employer representative contacted; the type of work applied for; the method used to contact the employer and the results of the contact; or other verifiable information of the application.
DWD 127.04(1m)(b)
(b) Civil service examinations: the date on which the claimant took an examination, the location of the examination, and the position for which the examination was taken.
DWD 127.04(1m)(c)
(c) Registration with a union and placement facilities: the date on which the claimant registered and the name and address of the facility.
DWD 127.04(1m)(d)
(d) Any reemployment services used at a public employment office: the date of the visit, the name and address of the public employment office, training program, or similar reemployment office, and the name of the person with whom the claimant met.
DWD 127.04(1m)(e)
(e) If approved by the department, any other type of work search activity reasonably expected to result in the claimant becoming employed.
DWD 127.04(2)
(2) A claimant may be ineligible for unemployment benefits in any given week in which the claimant fails to provide satisfactory verification of work search actions when requested by the department.
DWD 127.04 History
History: Cr.
Register, July, 1984, No. 343, eff. 8-1-84;
CR 06-072: am. (1) (intro.)
Register December 2006 No. 612, eff. 1-1-07;
EmR1316: emerg. am. (title), rn. (1) (intro.) to (1) and (1m) (intro.) and am., renum. (1) (a) to (d) to (1m) (a) to (d) and am., cr. (1m) (e), am. (2) eff. 9-29-13;
CR 13-081: am. (title), (1) (intro.), cr. (1) (am), (bm), renum. (1) (a) to (d) to (1m) (a) to (d) and am., cr. (1m) (intro.), (e), am. (2)
Register April 2014 No. 700, eff. 5-1-14.
DWD 127.05
DWD 127.05 Certification as to work search. The department may require a claimant to certify that work search actions were made each week as part of the claim filing procedure under ch.
DWD 129.
DWD 127.05 History
History: Cr.
Register, July, 1984, No. 343, eff. 8-1-84;
CR 06-072: r. (2) and (3)
Register December 2006 No. 612, eff. 1-1-07;
EmR1316: emerg. am. eff. 9-29-13;
CR 13-081: am.
Register April 2014 No. 700, eff. 5-1-14.
DWD 127.06
DWD 127.06 Added efforts to secure work. DWD 127.06(1)(1)
In addition to the requirements under s.
DWD 127.01 (2), if a claimant has been unemployed for 7 or more consecutive weeks, a claimant may be required to perform any of the following:
DWD 127.06(1)(a)
(a) Conduct 5 work search actions within any given week when the department determines a claimant's employment history or conduct indicates that the claimant is placing unreasonable limitations as to salary, hours, or conditions of work in accepting new work or is not engaging in work search efforts as would a prudent person who is out of work and is seeking work.
DWD 127.06(1)(b)
(b) Develop a work search plan for approval by the department. The plan may include a requirement to complete 5 work search actions per week. The plan shall consider the number of job opportunities available in the labor market area where the claimant usually works.
DWD 127.06(2)
(2) A claimant shall be ineligible for benefits in any given week in which the department determines that the claimant failed, without good cause, to comply with the requirements under sub.
(1). Good cause under this section shall include any of the following:
DWD 127.06(2)(a)
(a) The claimant is summoned to serve as a prospective or impaneled juror.
DWD 127.06(2)(b)
(b) The claimant is enrolled in and satisfactorily participating in a course of training approved by the department, in a work share program under s.
108.062 (10m), Stats., in a self-employment assistance program, or in another program established under state or federal law and the program provides that claimants who participate in the program shall be waived by the department from work search requirements.
DWD 127.06(2)(e)
(e) Circumstances that the department determines are beyond the claimant's control.
DWD 127.06(3)
(3) A claimant who is claiming extended benefits under s.
108.141, Stats., shall comply with any requirements imposed by the department under sub.
(1). A claimant who fails to comply with the requirements under this subsection shall be ineligible for benefits until the claimant has again worked within at least 4 subsequent weeks and earned wages equal to at least 4 times the claimant's extended weekly benefit rate.
DWD 127.06 History
History: Cr.
Register, July, 1984, No. 343, eff. 8-1-84; emerg. r. (3) eff. 3-6-93; r. (3),
Register, July, 1993, No. 451, eff. 8-1-93; cr. (3),
Register, October, 1994, No. 466, eff. 11-1-94;
EmR1316: emerg. renum. (1) to (1) (intro.), (a), (b) and am., cr. (1) (c), am. (2), (3), eff. 9-29-13;
CR 13-081: renum. (1) to (1) (intro.), (a) and am., cr. (1) (b), am. (2), (3)
Register April 2014 No. 700, eff. 5-1-14;
CR 18-033: renum. (2) to (2) (intro.), cr. (2) (a) to (e) Register May 2019 No. 761, eff. 6-1-19.
DWD 127.07(1)(1)
The department may require a claimant to participate in a public employment office workshop, training program, or similar reemployment services which offers instruction in improving the claimant's skills for finding and obtaining employment. The claimant shall be ineligible for benefits for any given week for which the department determines that the claimant failed, without good cause, to participate in such a workshop, training program, or similar reemployment services.
DWD 127.07(2)
(2) The department may find that a claimant has good cause for failure to participate in reemployment services in any given week. For the purposes of this section, good cause for failure to participate in reemployment services includes that the claimant is unable to participate due to any of the following:
DWD 127.07(2)(a)
(a) The claimant is summoned to serve as a prospective or impaneled juror.
DWD 127.07(2)(b)
(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., in a self-employment assistance program, or another program designed to assist individuals to become employed that has been enacted by the Wisconsin or federal legislature.
DWD 127.07(2)(e)
(e) Circumstances which the department determines are beyond the claimant's control.
DWD 127.07 History
History: Cr.
Register, July, 1984, No. 343, eff. 8-1-84;
EmR1316: emerg. am., (title), (1), r. and recr. (2) eff. 9-29-13;
CR 13-081: am. (title), (1), r. and recr. (2)
Register April 2014 No. 700, eff. 5-1-14;
CR 18-033: am. (2) (intro.) Register May 2019 No. 761, eff. 6-1-19.
