Good cause for failure to meet the general SNAP work
requirements found at
106 CMR
362.310 exists in the following
situations:
(A)
Good Cause
Reasons.
(1) Suitable
state-standard child care is totally unavailable, or unavailable during the
individual's hours of training or employment, including additional commuting
time, or arrangements for child care have broken down or have been interrupted.
This includes the unavailability of suitable child care for children with
identified special needs;
(2) The
individual, a member of the individual's immediate family, or anyone whose
relationship to the individual makes it appropriate for the individual to
provide care or support during a crisis or emergency situation, suffers a
family crisis or emergency situation or other compelling circumstances, beyond
the control of the individual that:
(a)
demands the individual's immediate attention;
(b) can only be attended to by the
individual; and
(c) can only be
attended to by the individual during the hours of his or her employment or work
program activity.
Examples of crisis or emergency situations include, but are not
limited to, a death, a health emergency, domestic violence or a child's school
problem;
(3) The
employment or offer of paid employment is at a wage level below the higher of:
(a) the applicable federal minimum
wage;
(b) the applicable state
minimum wage; or
(c) 80% of the
federal minimum wage, if neither the federal nor the state minimum wage applies
to the job, the applicable federal or state minimum wage laws, or the
prevailing rate for similar work, whichever is applicable; or the daily or
weekly hours of work are more than customary to the occupation;
(4) The employer discriminates in
terms of age, sex, race, religion, ethnic origin, or disability;
(5) The employment is available due to a
strike or lockout;
(6) The
employment causes an unreasonable risk to health and safety;
(7) The working hours or nature of the
employment interferes with the client's religious observances, convictions or
beliefs; and/or
(8) The employment
would require travel time in excess of two hours, not including the time
necessary to transport family members to a school or a place providing care,
or, if walking, the round trip distance is more than two miles.
(B)
Verifications. Verification of good cause is
mandatory. The following are the specific verifications for the good cause
reasons specified in 106 CMR 362.330(A):
(1)
The unavailability, or breakdown or interruption of suitable, state-standard
childcare shall be verified by a written, dated and signed statement from an
appropriate official of the designated agency under contract with the
Department, stating that such services are unavailable in the area, or are
unavailable during the hours of the individual's employment or training.
If there is a breakdown of suitable, state-standard childcare
which is not provided through a designated agency under contract with the
Department appropriate verifications, such as a statement from the childcare
provider, must be submitted.
If these childcare services have been interrupted, verification
shall be by a written, dated and signed statement from an appropriate official
of the designated agency under contract with the Department, or from the
childcare provider.
If childcare services are otherwise available, the individual
may not refuse a Department referral to a childcare facility that provides
suitable state-standard childcare within a reasonable distance from the
individual's home.
Unavailability of suitable childcare for children with
identified special needs shall be verified by:
(a) A written, dated, and signed statement
from a competent medical authority, or appropriate school official that the
child in question has a disability, as recognized under state law, or has other
specific needs; and
(b) A written,
dated, and signed statement from the designated agency under contract with the
Department stating that suitable childcare services are unavailable, within
reasonable proximity, to the individual and his or her family.
(2) The occurrence of a serious
family crisis, an emergency situation, or other compelling circumstances, as
described by 106 CMR 362.330(A)(2), shall be verified by a written, dated, and
signed statement from the individual describing the crisis, emergency situation
or other compelling circumstances and a collateral contact with another
individual or organization involved in the situation. To the extent possible,
the collateral contact shall be with a third party who is not a family
member;
(3) Employment, or an offer
of employment, below the applicable federal or state minimum wage, or exceeding
the customary daily and weekly hours of work shall be verified by a written,
dated, and signed statement from the individual and, if appropriate, by a
collateral contact with the employer made by the Department;
(4) Employment, offer of paid employment or
activity for employment which discriminates on the basis of age, sex, race,
religion, ethnic origin, or disability shall be verified by a written, dated,
and signed statement from the individual and, if appropriate, by collateral
contact with the employer made by the Department; and
(5) A strike or lockout shall be verified by
a written, dated, and signed statement from either the collective bargaining
representative or the employer.
The good cause criteria described in 106 CMR 362.330(B) applies
to SNAP work requirements only. They do not apply to ABA WD work program
requirements.
