(1)
SEP. SEP is a subsidized employment program through which OKDHS
reimburses employers hiring TANF participants and certain non-TANF participants
into full-time employment for a portion of their wages for up to four months.
Public agencies, nonprofit, private agencies, and private employers are
eligible to participate. When a state agency expresses an interest in
participating in the program, OKDHS staff informs agency personnel that the
subsidized employment reimbursement must not be used by the state agency to
claim matching federal funds. When, for any reason in any given month, a SEP
participant is paid less than the amount of the cash assistance at the time of
entry into the program, the SEP participant receives a supplemental TANF
benefit. SEP participants are entitled to all benefits the employer makes
available to other employees. Participants are assigned based on their
employability plan and the availability of appropriate and willing employers.
(A)
Participant requirements.
TANF participants are:
(i) included in the
cash assistance unit; and
(ii)
available for immediate employment.
(B)
Non-TANF participant
requirements. When funding is available, SEP placements may be made
available to non-TANF participants who:
(i)
are unemployed;
(ii) reside in a
county authorized by Adult and Family Services (AFS) TANF Unit staff for
expanded SEP eligibility; and
(iii)
have a biological child receiving TANF, Supplemental Nutrition Assistance
Program (SNAP), Child Care Subsidy, or SoonerCare (Medicaid)
benefits.
(C)
Position requirements. Position requirements must include:
(i) full-time employment for a minimum of 35
hours per week;
(ii) the same
wages, benefits, and working conditions as provided to other employees
performing a substantially equivalent job;
(iii) an employer agreement to conform to the
Equal Employment Opportunity Commission and fair employment practices, such as
nondiscrimination regarding age, race, sex, color, national origin, disability,
and in some cases religious or political beliefs; and
(iv) employer assurance the position does
not:
(I) displace the employer's current
employees, including any involved in a strike, lockout, or other labor dispute
involving a work stoppage;
(II)
involve commission sales when at least $10 per hour is not guaranteed;
or
(III) is not for casual,
intermittent, or seasonal labor.
(D)
Employer recruitment.
Designated field staff or the career development specialist (CDS) recruits
employers interested in SEP. The employer is asked to notify designated field
staff or the CDS of potential positions with job specifications and
qualifications to match the employer with an appropriate TANF participant
referral. Designated field staff or the CDS give Form 08TW011E, Subsidized
Employment Program (SEP) Referral, to the TANF participant to take to the
employer specified on the form.
(i) When
explaining SEP to employers, designated field staff or the CDS emphasizes that
employers are expected to retain the SEP participant in full-time employment
unless there is good cause for the dismissal. Employers who fail to continue
the successful SEP participant's employment without good cause are not granted
subsequent contracts. Good cause reasons for dismissal occur, when:
(I) there is a lay-off due to economic
reasons that results in a reduction-in-force;
(II) the employee is frequently absent from
work or engages in disruptive or inappropriate behavior; or
(III) the employee is unable to perform at an
acceptable skill level.
(ii) Before designated field staff or the CDS
writes new or additional contracts with an employer, SEP employees or other
employees in lay-off status must be recalled.
(iii) Designated field staff or the CDS has
the responsibility for ensuring the employer is complying with the
contract.
(E)
SEP
placements. Designated field staff or the CDS arranges interviews
between participants and potential employers. SEP participants may begin
employment any time during the month. The employer is informed that
reimbursement begins after the participant completes the first 30-calendar days
of employment.
(i) Following the employer's
agreement to participate and selection of a TANF participant, designated field
staff or the CDS negotiates the contract, Form 08TW017E, Subsidized Employment
Program (SEP) Contract, with the employer. Negotiation includes the employee's
beginning employment date, salary, and the planned number of employment hours
per week.
(ii) Upon receipt of the
contract, designated field staff or the CDS reviews it for completeness and,
when approved, signs and dates the contract. Designated field staff or the CDS
delivers the employer's copy of the contract and Form 08TW018E, Subsidized
Employment Program (SEP) Invoice, to the employer. The employer uses Form
08TW018E to request reimbursement from OKDHS.
(iii) Designated field staff or the CDS
contacts the participant to complete and sign Form 08TW006E, Subsidized
Employment Program (SEP) Temporary Assistance for Needy Families (TANF)
Participant Agreement.
(iv) When a
contract is not approved, designated field staff or the CDS mails a letter to
the employer explaining the disapproval reason. Designated field staff or the
CDS notifies the participant by phone, email, or letter that the contract was
not approved.
(F)
Program procedures. The procedures for programs listed in (i)
through (iv) of this subparagraph are used for TANF participants.
(i)
TANF cash assistance. Under
SEP, eligibility for TANF cash assistance is frozen and is not changed or
determined ineligible during the participation period. The earned income
disregard period runs concurrently with SEP, per Oklahoma Administrative Code
(OAC) 340:10-3-31.1.
(ii)
Medical benefits. SEP
participants whose TANF cash assistance is frozen, continue to be eligible for
SoonerCare (Medicaid) benefits unless found ineligible for a reason other than
earned income.
(iii)
Food
benefits. SEP participants whose TANF cash assistance is frozen and who
are receiving Simplified Supplemental Nutrition Assistance Program (SSNAP)
benefits, per OAC
340:50-11-20 continue to receive
SSNAP benefits without consideration of the SEP income during the participation
period as long as the household composition remains the same. When the SEP
participation period ends and the TANF benefit closes, the household may be
eligible for transitional food benefits, per OAC
340:50-11-27.
(iv)
Child care. During the SEP
participation period while the TANF cash assistance is frozen, the child
remains predetermined eligible for child care subsidy benefits with a zero
family share copayment, per OAC
340:40-7-1. When the SEP
participation period ends and the TANF benefit closes, the worker determines if
the participant's child care renewal is due, per OAC
340:40-9-1. When the child care
renewal is due, the worker considers the participant's earnings and computes
the family share copayment, per OKDHS Appendix C-4, Child Care
Eligibility/Copayment Chart. When the child care renewal is not due, the
participant's family share copayment does not increase until the renewal is
due, per OAC
340:40-5-1(9).
(G)
Employer payment. Employers
are eligible for:
(i) 100 percent
reimbursement of the employee's gross wages, capped at a maximum of 40 hours
per week, at $12 per hour, for the first 30-calendar days of employment:
(I) employers are eligible to apply for
reimbursement 30-calendar days following the date of hire;
(II) employers file for reimbursement by
submitting Form 08TW018E, with proof of the participant's earnings for the last
six months attached, directly to AFS TANF Unit staff;
(III) when a business changes ownership, the
SEP contract transfers with the business. When change of ownership occurs
mid-month, the original owner maintains the right to file a claim for
reimbursement for the transfer month. The new owner may claim for subsidized
wages for the remaining months of the original SEP agreement;
and
(ii) 50 percent
reimbursement of the employee's gross wages, for the following three months,
provided the employee remains employed a minimum of 35 hours per week and
earning at least $10 per hour. The reimbursement is capped at a maximum of 40
hours per week, at $12 per hour; and
(iii) a bonus equal to 100 percent of the
unsubsidized portion of wages up to 40 hours per week for the four month
subsidized period, provided the SEP employee:
(I) remains employed a minimum of 35 hours
per week;
(II) earns a minimum of
$10 per hour; and
(III) is retained
for a minimum period of six months after the subsidized agreement
ends.
(H)
Supplemental payments to SEP participants. For TANF participants,
AFS automatically issues supplemental payments for months in which income shown
on Form 08TW018E is less than the amount of the SEP participant's cash
assistance prior to entering the program.
(I)
SEP contract period
completions. At the end of the fourth month of subsidized employment,
the worker reviews the participant's continued TANF eligibility.
(J)
SEP contract terminations.
If the SEP placement ends during the four months of subsidized employment, the
worker reviews the participant's continued TANF
eligibility.
(2)
OJT. OJT is subsidized employment in which a private or public
employer hires the participant and the participant, while engaged in productive
work, receives training that provides knowledge or skills essential to the full
performance of the job. During the OJT period, the employer receives
reimbursement for a portion of the wages paid to the participating employee.
(A) Participants who successfully complete
the Work Experience Program (WEP), have a recent history of employment, or
complete a job readiness activity are the primary candidates for OJT
referral.
(B) Income from OJT is
considered as any other earned income.
(C) At the time of OJT entry, the worker
explains to the participant the availability of transitional child care, per
OAC 340:40-7-1, and continued medical
benefits, per OAC
340:10-3-75.