Current through Register Vol. 63, No. 9, September 1, 2024
In the REF program:
(1) To be eligible, an individual must be
determined ineligible for TANF.
(2)
As used in this rule:
(a) Except as provided
otherwise in this section, "good cause" means a reasonable person of normal
sensitivity, exercising ordinary common sense under similar circumstances,
would have:
(A) Quit work, including in
anticipation of discharge;
(B)
Participated in behavior leading to the individual's discharge; or
(C) Voluntarily reduced work hours.
(b) For an individual with a
physical or mental impairment (as defined at
29
CFR 1630.2(h)), except as
provided otherwise in subsection (c) of this section, "good cause" for leaving
work means that a reasonable person with the characteristics and qualities of
such individual under similar circumstances would have:
(A) Quit work, including in anticipation of
discharge;
(B) Participated in
behavior leading to the individual's discharge; or
(C) Voluntarily reduced work hours.
(c) There is no "good cause" if
the reason for separation from employment is a labor dispute.
(3) Except as provided otherwise
under section (5) of this rule, a member of the need group (see OAR
461-110-0630) has a "violation"
if that individual voluntarily quit employment or refused to accept an offer of
employment in which that member was hired to work 100 or more hours per month
or worked or was scheduled to work 100 or more hours:
(a) Within 30 days prior of the filing date
(see OAR 461-115-0040) for REF benefits;
or
(b) While receiving REF program
benefits.
(4) A member
of the need group is not eligible for REF program benefits:
(a) For the first violation (see section (3)
of this rule), three payments months from the date that member of the need
group was separated from their employment, voluntarily quit their employment,
or refused to accept an offer of employment.
(b) For the second violation, six payments
months from the date that member of the need group was separated from their
employment, voluntarily quit their employment, or refused to accept an offer of
employment.
(5) A need
group does not have a violation based on section (3) of this rule if at least
one of the following subsections applies:
(a)
The member was unable to work due to a disability or medical condition
documented by a qualified and appropriate professional, and which is expected
to last for 30 days or more from the filing date for REF program
benefits.
(b) The member was
separated from employment for a reason the Department determines is good cause
as defined in section (2) of this rule.
(c) The member was separated from employment
as a result of a layoff.
(d) The
member was pregnant and experiencing medical complications due to the pregnancy
that prohibit participation in activities of the program and are documented by
a qualified and appropriate professional.
(e) The member was fleeing from or at risk of
domestic violence (see OAR
461-001-0000).
Stat. Auth.: ORS
409.050,
411.060,
411.404
Stats. Implemented: ORS
409.010,
411.060,
411.404
