DWD 127.06   Added efforts to secure work.

DWD 127.07   Reemployment services.

Ch. DWD 127 Note Note: Chapter ILHR 127 was created by emergency rule effective 1-8-84. Chapter ILHR 127 was renumbered Chapter DWD 127 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1997, No. 498.

DWD 127.001 DWD 127.001 Definitions. Unless the context clearly indicates a different meaning, the definitions in ch. DWD 100 apply to this chapter.

DWD 127.001 History History: Cr. Register, September, 1995, No. 477, eff. 10-1-95.

DWD 127.01 DWD 127.01 Work search; policy; requirements.

DWD 127.01(1) (1) A claimant shall be eligible for unemployment benefits for any given week when the department finds that the claimant has completed at least 4 actions to search for suitable work within that week. Upon request of the department, a claimant shall provide verification of conducting at least 4 work search actions that are reasonably designed to secure work. Registration for work under ch. DWD 126 does not establish that the claimant is making a reasonable search for suitable work. It is essential that the claimant personally and diligently search for suitable work. The reasonableness of a search for work will, in part, depend on the employment opportunities in the claimant’s labor market area. A work search which may be appropriate in a labor market area with limited opportunities may be totally unacceptable in an area with greater opportunities. Unreasonable limitations by a claimant as to salary, hours, or conditions of work indicate that a claimant is not making a reasonable search for suitable work. The department expects claimants to conduct themselves as would a prudent person who is out of work and seeking work.

DWD 127.01(2) (2) Any of the following actions by a claimant shall constitute a reasonable work search action:

DWD 127.01(2)(a) (a) Applying for work with employers who may reasonably be expected to have openings for suitable work, except that applications submitted to the same employer more than once in a 4-week period are not credited as a work search action unless a new job is posted by the employer or available, or the employer’s customary practices or circumstances encourage the submission of additional applications or the provisions under s. 108.04 (2) (i), Stats., apply.

DWD 127.01(2)(c) (c) Making applications for suitable work.

DWD 127.01(2)(cm) (cm) Taking examinations for suitable work in the civil service of a governmental unit.

DWD 127.01(2)(d) (d) Registering for suitable work with a public or private placement facility, including a union.

DWD 127.01(2)(em) (em) Following the recommendations of a public employment office or similar reemployment services, including participation in reemployment services.

DWD 127.01(2)(j) (j) Other actions the department may determine as constituting a reasonable work search action.

DWD 127.01 Note Note: The department shall include in the UCB-10 Handbook for Claimants examples of reasonable work search actions. In addition, the department shall include information on how claimants can contact the department with questions related to work search actions.

DWD 127.01(3) (3) Unless the department waives the work search requirement, a claimant is ineligible for unemployment benefits in any given week in which the department determines the claimant did not conduct at least 4 actions to search for suitable work within that week.

DWD 127.01 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; CR 06-072: am. (1) and (2) (b), r. and recr. (2) (intro.) Register December 2006 No. 612, eff. 1-1-07; EmR1316: emerg. am. (1), (2) (intro.), (a), r. (2) (b), am. (2) (c) to (d), cr. (2) (em), r. (2) (f) to (i),r. and recr. (2) (j), am. (3) eff. 9-29-13; CR 13-081: am. (1), (2) (intro.), (a), r. (2) (b), am. (2) (c) to (d), r. (2) (e) to (i), cr. (2) (em), r. and recr. (2) (j), am. (3) Register April 2014 No. 700, eff. 5-1-14; CR 18-033: am. (3) Register May 2019 No. 761, eff. 6-1-19.

DWD 127.02 DWD 127.02 Waiver of work search requirements. The department shall waive a claimant’s requirement to conduct at least 4 actions to search for suitable work if any of the following apply:

DWD 127.02(1) (1) The claimant performs any work for his or her customary employer.

DWD 127.02 Note Note: Sub. (1) is amended by CR 13-081 effective when the secretary of the department determines the department has the technological ability to implement the changes made by CR 13-081 to read:

DWD 127.02 Note (1) The claimant performs at least 20 hours of work for any employer in that week.

DWD 127.02(2) (2) The claimant is currently laid off from employment with an employer but 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. In determining whether the claimant has a reasonable expectation of reemployment by the employer, the department shall request the employer to verify the claimant’s employment status. If the employer does not verify the claimant’s employment status, the department may consider any of the following:

DWD 127.02(2)(a) (a) The history of layoffs and reemployments by the employer.

DWD 127.02(2)(b) (b) Any information that the employer furnished to the individual concerning the claimant’s anticipated reemployment date.

DWD 127.02(2)(c) (c) Whether the claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement.

DWD 127.02(3) (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.

DWD 127.02(4) (4) The claimant has been laid off from work and routinely obtains work through a union referral and all of the following apply:

DWD 127.02(4)(a) (a) The union is the primary method used by workers to obtain employment in the claimant’s customary occupation.