Wisconsin Administrative Code
Department of Children and Families
DCF 101-199 - Family and Economic Security
Chapter DCF 101 - Wisconsin Works
Section DCF 101.16 - Work programs
Universal Citation: WI Admin Code ยง DCF 101.16
Current through August 26, 2024
(1) UNSUBSIDIZED EMPLOYMENT.
(a)
Job search, orientation and
training activities.
1. An
individual who applies for a Wisconsin works employment position may be
required by the Wisconsin works agency to search for unsubsidized employment
during the period that the individual's application is being processed as a
condition of eligibility.
2. A
satisfactory search effort for unsubsidized employment may include but is not
limited to the following elements: participating in job orientation under subd.
3., making contacts with employers, submitting job applications to employers,
participating in job interviews with employers, and conducting any other search
activities specified in the participant's employability plan. The FEP shall
determine whether a participant's search effort for unsubsidized employment is
satisfactory on a case-by-case basis. The FEP may deny eligibility for
placement in a W-2 employment position for an applicant who fails to complete
required unsubsidized employment search activities or an applicant who fails to
accept a bona fide offer of employment without good cause under s. DCF 101.20.
3. As a condition of
eligibility, a Wisconsin works agency may require an applicant for a Wisconsin
works employment position to participate in job orientation while the
application is being processed. In this subdivision, "job orientation" means
activities designed to help applicants prepare for work by learning general
workplace expectations, work behavior and attitudes necessary to successfully
compete in the labor market, help an applicant build self-esteem and increase
an applicant's self-confidence.
4.
A Wisconsin works agency may require a participant in a Wisconsin works
employment position to engage in training activities permitted as part of the
participant's placement under sub. (2), (3) or (4) and included in the W-2
participant's employability plan.
(am)
Review process for participants
in a case management services for job-ready individuals placement.
Every 30 days that a Wisconsin works agency has provided case management
services to a participant in a case management services for job-ready
individuals placement and the participant has not obtained unsubsidized
employment after legitimate efforts to secure employment, the agency shall
review the participant's case to determine whether the participant should
continue in the case management services for job-ready individuals placement or
be placed in a trial employment match program job under s.
49.147(3),
Stats., community service job, or transitional placement. In reviewing the
participant's case, the Wisconsin works agency shall consider all of the
following:
1. Whether the participant obtained
interviews or job offers that matched the participant's skills, abilities, and
interests.
2. Whether previously
identified barriers that could be addressed with Wisconsin works services were
addressed effectively.
3. Whether
previously unidentified barriers have been identified.
(b)
Job search assistance. A
Wisconsin works agency shall assist a participant with the search for
unsubsidized employment. In determining an appropriate placement for a
participant, a Wisconsin works agency shall give priority to placement in
unsubsidized employment over placements under subs. (2) to (4).
(2) TRIAL EMPLOYMENT MATCH PROGRAM JOBS.
(a) In determining an appropriate
placement for a participant, a Wisconsin works agency shall give priority to
placement in a trial employment match program job over a placement in a
community service job or transitional placement under subs. (3) and
(4).
(b)
1. A Wisconsin works agency shall pay a wage
subsidy to an employer that employs a participant in a trial employment match
program job and agrees to make a good faith effort to retain the participant as
a permanent unsubsidized employee after the wage subsidy is
terminated.
2. The wage subsidy for
full-time employment of a participant may not exceed the amount provided under
s.
49.147(3) (a), Stats. For less than full-time
employment of a participant during a month, the wage subsidy may not exceed a
dollar amount determined by multiplying the amount provided under s.
49.147(3) (a), Stats., for full-time employment of a
participant by a fraction, the numerator of which is the number of hours worked
by the participant in the month and the denominator of which is the number of
hours which would be required for full-time employment in that
month.
(c)
Education or training activities. A trial employment match
program job includes education and training activities, as prescribed by the
employer as an integral part of work performed in the trial employment match
program job.
(d)
Worker's
compensation. The employer shall provide the participant with worker's
compensation coverage as provided under s. DCF 101.14 (2) (c).
(e)
Time-limited
participation.
1. A W-2 participant
may participate in a trial employment match program job for a maximum of 3
months, with an opportunity for a 3-month extension under circumstances
determined by the Wisconsin works agency. A participant may participate in more
than one trial employment match program job, but may not exceed a total of 24
months of participation under this subsection. The months need not be
consecutive.
2. The department, or
the Wisconsin works agency with the approval of the department, may grant an
extension of the 24-month limit on a case-by-case basis if the participant has
made all appropriate efforts to find unsubsidized employment and has been
unable to find unsubsidized employment because local labor market conditions
preclude a reasonable job opportunity for that participant, as determined by a
Wisconsin works agency and approved by the department.
(3) COMMUNITY SERVICE JOB.
(a) In determining an appropriate placement
for a participant, a Wisconsin works agency shall give placement in a community
service job priority over a transitional placement under sub. (4). After each 6
months of an individual's participation under this subsection and at the
conclusion of each assignment under this subsection, a Wisconsin works agency
shall reassess the individual's employability.
(b)
Education or training
activities. A CSJ participant may be required to participate in
education and training activities assigned as part of an employability plan
developed by the Wisconsin works agency. Permissible education and training
activities shall include only the following:
1. A course of study meeting the standards
established under s.
115.29(4),
Stats., for the granting of a declaration of equivalency of high school
graduation.
2. Technical college
courses.
3. Educational courses
that provide an employment skill.
4. English as a 2nd language courses that the
Wisconsin works agency determines would facilitate an individual's efforts to
obtain employment.
5. Adult basic
education courses that the Wisconsin works agency determines would facilitate
an individual's efforts to obtain employment.
6. Employer-sponsored
training.
(c)
Required hours.
1. Except as
provided in par. (d) and s.
49.147(4) (av) and (5m), Stats., a Wisconsin works
agency may require a participant placed in a community service job program to
work not more than 30 hours per week in a community service job. Except as
provided in subd. 2., a Wisconsin works agency may require a participant placed
in the community service job program to participate in education or training
activities under par. (b) for not more than 10 hours per week.
2. A W-2 agency may aggregate education and
training activities hours in combination with work activities to allow
participants access to approved training programs which may require more than
10 hours per week within the first months of participation in a CSJ. The FEP
shall modify the participant's employability plan to reflect the aggregated
education and training activities hours. Failure to participate in the
aggregated education and training activities hours without good cause as
determined by the FEP may result in application of a sanction under s. DCF 101.18 (1) (b).
(d)
Motivational training. A Wisconsin works agency may require a
CSJ participant, during the first 2 weeks of participation under this
subsection, to participate in an assessment and motivational training program
identified by the community steering committee under s.
49.143(2) (a), Stats. The Wisconsin works agency may
require not more than 40 hours of participation per week under this paragraph
in lieu of the participation requirement under par. (c).
(e)
Time-limited
participation.
1. An individual may
participate in a community service job for a maximum of 6 months, with an
opportunity for a 3-month extension under circumstances approved by the
department. An individual may participate in more than one community service
job, but may not exceed a total of 24 months of participation under this
subsection. The months need not be consecutive.
2. The department, or the Wisconsin works
agency with the approval of the department, may grant an extension to the
24-month limit on a case-by-case basis if the Wisconsin works agency determines
that the individual has made all appropriate efforts to find and accept
unsubsidized employment and has been unable to find unsubsidized employment
because local labor market conditions preclude a reasonable employment
opportunity in unsubsidized employment for that participant, as determined by a
Wisconsin works agency and approved by the department, and if the Wisconsin
works agency determines, and the department agrees, that no trial employment
match program job opportunities are available in the specified local labor
market.
(f)
Worker's compensation. A participant under this subsection is
an employee of the Wisconsin works agency for purposes of worker's compensation
coverage, except to the extent that the person for whom the participant is
performing work provides worker's compensation coverage.
(4) TRANSITIONAL PLACEMENT.
(a)
Additional eligibility
criteria. An individual is eligible to participate in a transitional
placement under this subsection if, in addition to meeting the eligibility
requirements under s. DCF 101.09 (2) to (4), the W-2 agency determines that any
of the following conditions are met with respect to the individual:
1. The individual is incapable of performing
a trial employment match program job or community service job.
2. On the basis of an independent assessment
by the division of vocational rehabilitation or similar agency or business,
that the individual has been incapacitated, or will be incapacitated, for a
period of at least 60 days.
3. The
individual is needed in the home because of the illness or incapacity of
another member of the Wisconsin works group.
(b)
Assignment to
activities.
1. The Wisconsin works
agency shall assign a transitional placement participant to work activities
such as a community rehabilitation program, work experience and training
activities similar to those included under s. DCF 101.16 (3) or a volunteer
activity.
2. A Wisconsin works
agency may require a participant under this subsection to participate in any of
the following:
a. An alcohol and other drug
abuse evaluation, assessment, and treatment program.
b. Mental health activities. In this
subparagraph, "mental health activities" means activities prescribed by an
appropriate mental health care professional such as a psychiatrist including
evaluation by a health professional such as a physician, therapy and medication
management.
c. Counseling or
physical rehabilitation activities.
d. Other activities that the Wisconsin works
agency determines are consistent with the capabilities of the
individual.
(c)
Time-limited participation. An individual may participate in a
transitional placement for a maximum of 24 months. The months need not be
consecutive. This period may be extended on a case-by-case basis by the
department or by the Wisconsin works agency with the approval of the department
if the participant has made all appropriate efforts to find unsubsidized
employment by participating in all assigned activities and significant barriers
prevent advancement to a higher W-2 employment position or unsubsidized
employment.
(d)
Education
or training activities.
1. The
Wisconsin works agency may require a transitional placement participant to
participate in education and training activities assigned as part of an
employability plan developed by the Wisconsin works agency.
2. Permissible education and training shall
include only the following:
a. A course of
study meeting the standards established under s.
115.29(4),
Stats., for the granting of a declaration of equivalency of high school
graduation.
b. Technical college
courses.
c. Educational courses
that provide an employment skill.
d. English as a 2nd language courses that the
Wisconsin works agency determines would facilitate an individual's efforts to
obtain employment.
e. Adult basic
education courses that the Wisconsin works agency determines would facilitate
an individual's efforts to obtain employment.
f. Employer-sponsored
training.
(e)
Required hours.
1. Except as
provided in par. (f) and s.
49.147(5) (bt) and (5m), Stats., a Wisconsin works
agency may require a participant placed in a transitional placement to engage
in activities under par. (b) 1. for up to 28 hours per week. Except as provided
in subd. 2., in addition to the 28 hours, a Wisconsin works agency may require
a participant placed in a transitional placement to participate in education or
training activities under par. (d) for not more than 12 hours per
week.
2. A W-2 agency may aggregate
education and training activities hours in combination with work activities to
allow participants access to approved training programs which may require more
than 12 hours per week within the first months of participation in a
transitional placement. The FEP shall modify the participant's employability
plan to reflect the aggregated education and training activities hours. Failure
to participate in the aggregated education and training activities hours
without good cause, as determined by the FEP, may result in application of a
sanction under s. DCF 101.18 (1) (c).
(f)
Motivational training. A
Wisconsin works agency may require a participant, during the first 2 weeks of
participation under this subsection, to participate in an assessment and
motivational training program identified by the community steering committee
under s.
49.143(2) (a), Stats. The Wisconsin works agency may
require not more than 40 hours of participation per week under this paragraph
in lieu of the participation requirement under par. (e).
(g)
Worker's compensation. A
participant under this subsection is an employee of the Wisconsin works agency
for purposes of worker's compensation coverage, except to the extent that the
person for whom the participant is performing work provides worker's
compensation coverage.
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