Section 129.01. Notice of unemployment.

 

(1)   Initiating a claim. A claimant is not eligible under s. 108.08 , Stats., for benefits for any week of total or partial unemployment unless the claimant notifies the department during that week or within 7 days after the close of that week, of the claimant's intent to initiate the claim and the claimant complies with the department's procedures for initiating and continuing claims. If the department provides for a single method for initiating a claim and a claimant has good cause for the claimant's inability to use that method, the department shall provide reasonable accommodations for the claimant to be able to complete the claim. Good cause for failure to initiate a claim as prescribed by the department shall include, if it prevents the claimant from using the method prescribed by the department, any of the following:

(a) The claimant possesses physical, mental, educational, or linguistic limitations.

(b) The claimant has unusual or unavoidable circumstances beyond the claimant's control.

(2)   Continuing a claim by filing a weekly certification.

(a) A claimant is not eligible for benefits for any week of total or partial unemployment unless the claimant files a timely weekly certification with the department. If the department provides for a single method for a claimant to continue a claim by filing a weekly certification and a claimant has good cause for the claimant's inability to use that method, the department shall provide a reasonable accommodation for the claimant to be able to complete the claim. Good cause for failure to file a weekly certification as prescribed by the department shall include, if it prevents the claimant from using the method prescribed by the department, any of the following:

1. The claimant possesses physical, mental, educational, or linguistic limitations.

2. The claimant has unusual or unavoidable circumstances beyond the claimant's control.

(b) The department shall consider a weekly certification to be filed when the certification is complete and submitted in compliance with the applicable requirements for the methods authorized by the department:

1. A claimant may continue a claim only by filing timely weekly certifications no later than 14 days following the end of the week for which benefits are claimed. If the method prescribed by the department for notification for the claimant to use is the internet or telephone, the department shall notify the claimant for which weeks the claimant may file a weekly certification and at the end of the transaction whether the weekly certification has been accepted. The department shall consider a weekly certification to be filed when the certification is complete, timely submitted, and accepted by the department.

2. A claimant may not file a weekly certification for any week unless a weekly certification for the immediately preceding week was timely filed or an initial claim was timely filed for the week.

(4)   Waiver; exceptional circumstances. The department shall waive the requirements of this section if exceptional circumstances exist. Exceptional circumstances include all of the following:

(a) An error made by an employee of the department relating to the giving of notice by the claimant or a reasonable misunderstanding by the claimant based on information given to the claimant by the department.

(b) Action by an employer, in any manner, directly or indirectly, instructing, warning, or persuading the claimant not to file a benefit claim.

(c) The claimant did not comply because the claimant was not aware of the duty to notify the department, and the claimant's most recent employer failed to post and maintain the notice on claiming unemployment benefits that was supplied to the employer under s. DWD 120.01 .

(d) The claimant performed services as a school year employee in other than an instructional, research, or principal administrative capacity and had reasonable assurance of performing services for the employer in a similar capacity in the 2nd academic year or term but was subsequently not offered the opportunity to perform such services.

(e) The claimant made an unsuccessful attempt to access the telephone initial claims system during a week when the system was inoperable or was unavailable for more than 40% of the time the system is scheduled to be staffed by claimstakers during that week. The times during which the system is inoperable or unavailable will be measured as follows:

1. Each day during the week will be divided into half-hour time periods, beginning with the time when the system is first scheduled to be staffed by claimstakers and ending with the time when the system is scheduled to no longer be staffed by claimstakers.

2. The system will be considered to be inoperable or unavailable for any such half-hour time period during which a busy signal occurs or during which the system is not operating.

(f) Other exceptional circumstances over which the claimant has no control.

History: Cr. Register, July, 1984, No. 343 , eff. 8-1-84; emerg. am. (1), eff. 2-2-93; am. (1), Register, July, 1993, No. 451 , eff. 8-1-93; correction in (3) (e) made under s. 13.93 (am) (b) 7., Stats., Register, July, 1993, No. 451 ; am. (1) and (2) (a), cr. (2) (a) 1. and 2., r. and recr. (2) (b), (3) (a) and (b), r. (2) (c), (3) (g) and (4), renum. (2) (d), (3) (intro.), (c) to (f) to be (2) (c), (4) (intro.) to (d) and am. (4) (intro.), (a), (c) and (d), Register, December, 1995, No. 480 , eff. 1-1-96; cr. (4) (e), Register, November, 1999, No. 527 , eff. 12-1-99; correction in (2) (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 2000, No. 537 ; am. (2) (a) (intro.), Register, September, 2000, No. 537 , eff. 10-1-00; emerg. am. (1), eff. 4-14-02; CR 02-088 : am. (1) Register November 2002 No. 563 , eff. 12-1-02; CR 06-073 : am. (1), (4) (intro.), (a) (b), (c), (d) and (e), r. and recr. (2) (a), (b) and (c), and (3), r. (a) 1. and 2., cr. (4) (f), Register December 2006 No. 612 , eff. 1-1-07; correction in (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618 ; CR 10-018 : am. (1) and (2) (a), r. and recr. (2) (b) 1. and 2., r. (2) (b) 3., 4., (c) and (3) Register September 2010 No. 657 , eff. 10-1-10; EmR1316 : emerg. renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), renum. (2) (a) to (2) (a) (intro.) and am., cr. (2) (a) 1., 2., am. (2) (b) eff. 9-29-13; CR 13-081 : renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), renum. (2) (a) to (2) (a) (intro.) and am., cr. (2) (a) 1., 2., am. (2) (b) Register April 2014 No. 700 , eff. 5-1-14.

Note

The department shall notify claimants that it will consider alternate methods for initiating a claim 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 initiating a claim. Microsoft Windows NT 6.1.7601 Service Pack 1 The department shall notify claimants that it will consider alternate methods to file the weekly certification 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 weekly claim certification. Microsoft Windows NT 6.1.7601 Service Pack 1 Example 1: Microsoft Windows NT 6.1.7601 Service Pack 1 Week 1   Weekly certification filed timely Microsoft Windows NT 6.1.7601 Service Pack 1 Week 2   No weekly claim filed Microsoft Windows NT 6.1.7601 Service Pack 1 Week 3   No weekly claim filed Microsoft Windows NT 6.1.7601 Service Pack 1 Week 4   Weekly certification for week 2 can still be filed. However, a weekly certification for week 3 cannot be filed until a weekly certification for week 2 is filed. If the claimant wants to file a weekly certification for week 3, but not for week 2, an initial claim must be filed for week 3 by the close of week 4. Microsoft Windows NT 6.1.7601 Service Pack 1 Example 2: Microsoft Windows NT 6.1.7601 Service Pack 1 Week 1   Weekly certification filed timely Microsoft Windows NT 6.1.7601 Service Pack 1 Week 2   No weekly claim filed Microsoft Windows NT 6.1.7601 Service Pack 1 Week 3   No weekly claim filed Microsoft Windows NT 6.1.7601 Service Pack 1 Week 4   No weekly claim filed Microsoft Windows NT 6.1.7601 Service Pack 1 Week 5   Weekly certification for week 2 can no longer be filed because the 14-day period has expired. Weekly certification for week 3 cannot be filed because a weekly certification for the immediately preceding week has not been filed and a timely initial claim can no longer be filed for week 3. Weekly claim for week 4 can be filed if an initial claim is filed by the close of week 5. Microsoft Windows NT 6.1.7601 Service Pack 1