EmR2034 Rule Text

Department of Workforce Development

P.O. Box 8942

Madison, WI 53708

Telephone: [phone]

E-Mail: [e-mail]

Place where comments are to be submitted and deadline for submission

Mark Kunkel, Rules and Records Coordinator

Department of Workforce Development

P.O. Box 7946

Madison, WI 53707

E-Mail: [e-mail]

Comments will be accepted until a date to be determined.

  Section 1. DWD 120.02 is created to read:

  DWD 120.02 Notice at Separation.

  (1) Each employer shall provide notification of the availability of unemployment insurance to employees at the time of separation from employment by at least one of the following methods:

    (a) Letter.

    (b) E-mail.

    (c) Text message.

    (d) Flyer.

    (e) Any other department-approved method designed to give immediate notice to employees of the availability of unemployment insurance at the time of separation.

  (2) If the circumstances of the separation make immediate notice under this section impossible, the employer shall provide notice to the employee as soon as possible.

  (3) Notice under this section shall include content approved by the department.

  Note: Approved content for the notice under this section is available online at https://dwd.wisconsin.gov/dwd/publications/ui/notice.htm.

  (4) An employer’s failure to comply with this section constitutes exceptional circumstances over which the claimant has no control under s. DWD 129.01 (4) (f) unless the employee was aware of the availability of unemployment insurance. If the employer meets the requirements of s. DWD 120.01, the employee is deemed to be aware of the availability of unemployment insurance for the purposes of this subsection.

Section 2. Effective date. This rule shall take effect on November 2, 2020.

  Dated this 29th day of September, 2020.

  WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT

By:   __________________________________________________________

  Robert Cherry, Deputy Secretary