Iowa Code r. 441-93.7 - [Effective until 7/1/2025] Work activities
Work activities include full-time employment, part-time employment, self-employment, on-the-job training, work experience placement, and unpaid community service. The participant and the PROMISE JOBS worker shall incorporate into the FIA employment activities that are appropriate for the work history, skill level, and life circumstances of the participant. If the FIA activity is so hazardous that safety glasses, hard hats, or other safety equipment is needed, participation shall not be arranged or approved unless these safety precautions are available.
(1)
Full-time or part-time
employment. FIAs may include full-time employment or part-time
employment. Employment that does not lead to economic self-sufficiency may be
included in the FIA only if the employment situation leads to better employment
opportunities through building work skills and work history. See subrule
93.7(2) for additional policies applicable to self-employment.
a.
Full-time employment. The
goal for all participants is to participate in full-time employment. "Full-time
employment" is defined as being employed an average of 30 or more hours per
week.
(1) Persons who have not achieved
self-sufficiency through full-time employment before the end date of the FIA
may have the FIA extended.
b.
Part-time employment. Part-time employment is defined as being
employed an average of less than 30 hours per week. An FIA that includes
part-time employment shall also include participation in other PROMISE JOBS
activities, including additional part-time employment, unless barriers to
participation exist as defined in rule
441-93.14 (239B) and subrule
93.4(5).
c.
Supportive
payments allowed. Transportation expenses are not paid through PROMISE
JOBS but are covered by FIP earned income deductions. Child care assistance
shall be provided as described at rule
441-93.11 (239B) when needed for
employment.
d.
Verification
of employment hours. Participants must provide verification of
employment hours as described at subrule 93.10(2).
e.
Failure to provide
verification. Failure to provide verification of work hours after
receiving a written reminder letter will result in a limited benefit
plan.
(2)
Self-employment.
a.
Calculation of hours. Hours of participation for persons who
are self-employed shall be calculated using actual gross income less business
expenses divided by the federal minimum wage. PROMISE JOBS shall use the same
income as used for FIP eligibility and benefits.
(1) Participants with self-employment income
that equates to 30 or more hours per week are considered to be working
full-time.
(2) Participants with
self-employment income that equates to less than 30 hours per week are
considered to be working part-time.
b.
Review of participation.
The PROMISE JOBS worker shall review calculated hours:
(1) When income changes, or
(2) At least once every six months.
c.
Progress toward
self-sufficiency. At the participant's FIA review, the participant's
progress is determined by noting incremental increases in income and calculated
work hours. In order to maintain self-employment as the only FIA activity,
participants must:
(1) Reach full-time
employment as defined in subparagraph 93.7(2)"a"(1),
or
(2) Show progress toward
self-sufficiency.
d.
Requiring other FIA activities. When a participant has been
self-employed for more than 12 months and has not shown progress toward
self-sufficiency, the FIA shall include the part-time self-employment in
combination with participation in other PROMISE JOBS activities, unless
barriers to participation exist as defined in subrule 93.4(5) and rule
441-93.14 (239B).
(1) The other activities could include
additional part-time employment.
(2) When the determination that a participant
has not shown progress toward self-sufficiency is made after the initial FIA is
developed, the FIA shall be renegotiated to include the other PROMISE JOBS
activities. Participants who choose not to enter into the FIA renegotiation
process shall enter into a limited benefit plan as described in 441-subrule
41.24(8). Procedures at subrule 93.4(5) and rules
441-93.13 (239B) and
441-93.14 (239B) shall
apply.
e.
Supportive payments allowed. Transportation expenses are not
paid through PROMISE JOBS but are covered by FIP earned income deductions.
Child care assistance shall be provided as described at subrule 93.11(2) when
needed for participation in self-employment.
f.
Documenting
participation. Hours of participation in self-employment shall be
calculated as specified in paragraph 93.7(2)"a" and documented
in the case file. Participant documentation shall be provided as described at
subrule 93.10(2).
(3)
On-the-job training.
a.
Definition. "On-the-job training" is defined as training in
the public or private sector that:
(1) Is
given to a paid employee while the employee is engaged in productive work,
and
(2) Provides knowledge and
skills essential to the full and adequate performance of the
job.
b.
Supportive payments. Transportation for on-the-job training is
treated in the same manner as transportation for employment. Expenses are not
paid through PROMISE JOBS but are covered by FIP earned income deductions.
Child care assistance shall be provided as described at subrule 93.11(2) when
needed for participation in on-the-job training.
c.
Documenting
participation. Documentation of participation shall be provided as
described at subrule 93.10(2).
d.
Failure to participate in on-the-job training. Participants
who without good cause do not participate in on-the-job training as identified
in their FIA shall be considered to have chosen the limited benefit plan.
Procedures at subrule 93.4(5) and rules
441-93.13 (239B) and
441-93.14 (239B) shall
apply.
(4)
Work
experience program. Work experience sites shall provide participants
with work experience and on-the-job training opportunities.
a.
Sponsors. Employers who
participate in the work experience program are referred to as sponsors. Work
experience sponsors may be public sector, private sector, community-based,
faith-based, or nonprofit employers.
(1)
Participants may be placed at work sites with religious institutions only when
the work performed is nonsectarian and not in support of sectarian
activities.
(2) Participants may
not be used to replace regular employees in the performance of nonsectarian
work for the purpose of enabling regular employees to engage in sectarian
activities.
(3) Each work
experience program sponsor shall provide to the PROMISE JOBS service provider a
copy of the sponsor's safety rules before participants are referred for work
site placement.
b.
Positions. To request a work experience placement, the sponsor
shall complete Form 470-0809, Sponsor's Request for Work Experience (WEP)
Participant, for each type of position the sponsor wishes to fill. The request
shall include a complete job description that specifies all tasks to be
performed by the participant. PROMISE JOBS has final authority to determine
suitability of any work experience position offered by a sponsor. Work
experience positions:
(1) Must contain the
same job description and performance requirements that would exist if the
sponsor were hiring an employee for the same position;
(2) Shall not be related to political,
electoral, or partisan activities;
(3) Shall not be developed in response to or
in any way be associated with the existence of a strike, lockout, or other bona
fide labor dispute;
(4) Shall not
violate any existing labor agreement between employees and employers;
(5) Shall comply with applicable state and
federal health and safety standards;
(6) Shall not be used by sponsors to displace
current employees or to infringe on the promotional opportunities of current
employees;
(7) Shall not be used in
place of hiring staff for established vacant positions; and
(8) Shall not result in placement of a
participant in a position when any other person is on layoff from the same or
an equivalent position in the same unit.
c.
Participant selection. A
participant's vocational skills and interests shall be matched as closely as
possible with the job description and skills required by the sponsor.
(1) Participant responsibility. Participants
shall interview for and accept positions offered by work experience sponsors.
Participants shall present Form 470-0810, Referral for Work Experience (WEP)
Placement, to the sponsor at the interview. The form shall be completed by the
sponsor and returned to PROMISE JOBS.
(2) Sponsor responsibility. Although sponsors
are expected to accept work experience referrals made by PROMISE JOBS, sponsors
may refuse any referrals they deem inappropriate for the available position.
Sponsors shall not discriminate against any program participant because of
race, color, religion, sex, age, creed, physical or mental disability,
political affiliation, or national origin. Sponsors who refuse a referral must
notify PROMISE JOBS in writing of the reason for the refusal.
d.
Hours of
participation. When a participant is involved in work experience that
is subject to the Fair Labor Standards Act (FLSA), the participant cannot be
required to work more hours than the amount of the monthly FIP grant divided by
federal or state minimum wage, whichever is higher. Exception: To determine the
maximum hours that can be required of a single-parent family on FIP with a
child under the age of six, add the value of the family's Supplemental
Nutrition Assistance Program (SNAP) benefits to the FIP grant amount before
dividing by the minimum wage.
(1) A
participant cannot be required to work more hours than those calculated under
paragraph 93.7(4)"d." Only hours up to or less than that
calculation can be included in the participant's FIA.
(2) If two or more members of the same
household participate in work experience, the total required hours of
participation of the household cannot exceed the hours calculated according to
paragraph 93.7(4)"d."
(3) Each work experience assignment shall not
exceed six months in duration.
e.
Participant performance
evaluations.
(1) Monthly evaluations.
Sponsors shall complete a monthly evaluation of the participant's performance
using Form 470-0805, Work Experience Participant Evaluation, and provide a copy
to PROMISE JOBS and to the participant.
(2) Final evaluations. Sponsors shall
complete Form 470-0805, Work Experience Participant Evaluation, at the time of
termination for each work experience participant. When termination occurs at
the sponsor's request, the sponsor shall specify the reason for termination and
identify those areas of unsatisfactory performance. For participants who leave
to accept regular employment or reach their work experience placement time
limit, the sponsor's evaluation shall indicate whether or not a positive job
reference would be provided if the participant requested one.
f.
Supportive payments for
work experience placements.
(1) Child
care and transportation. Child care assistance and transportation payments
shall be provided as described at rule
441-93.11 (239B) when needed for
participation in work experience.
(2) Required clothing and equipment. A
participant may receive up to a limit of $100 per work-site assignment for
clothing or equipment if required by the work experience site and not covered
by the sponsor.
(3) Workers'
compensation. The department of human services shall provide workers'
compensation coverage for all PROMISE JOBS work experience
participants.
g.
Documenting participation. Documentation of participation
shall be provided as described at subrule 93.10(2).
h.
Completion of work
experience. Persons who complete a work experience assignment may move
to another activity as provided under the FIA, be assigned to a different work
site, or be reassigned to the same work site, whichever is appropriate under
the FIA.
(5)
Unpaid
community service. Unpaid community service shall provide participants
with opportunities to establish or reestablish contact with the workforce while
providing services that are of direct benefit to the community.
a.
Work sites. Unpaid
community service work sites shall be public or private nonprofit
organizations. The PROMISE JOBS provider agencies shall provide community
service work sites a written explanation of the following placement criteria.
The placement:
(1) Shall comply with
applicable state and federal health and safety standards;
(2) Shall not be related to political,
electoral or partisan activities;
(3) Shall not be developed in response to or
in any way associated with the existence of a strike, lockout, or other bona
fide labor dispute;
(4) Shall not
violate any existing labor agreement between employees and employers;
(5) Shall not be used to displace current
employees or to infringe on their promotional opportunities;
(6) Shall not be used in place of hiring
staff for established vacant positions; and
(7) Shall not result in placement of a
participant in a position when any other person is on layoff from the same or
an equivalent position in the same unit.
b.
Locating the work site.
The PROMISE JOBS provider agencies shall develop local listings of potential
unpaid community service work sites. When a participant and the PROMISE JOBS
worker agree that an unpaid community service placement is appropriate, the
participant is responsible for locating and making arrangements with the work
site. Formal interviews are not required to establish the relationship between
the participant and the work site organization.
c.
Length of assignment and weekly
hours. The length of the work site assignment and the weekly hours of
participation shall be determined through agreement among the work-site
organization, the participant, and the PROMISE JOBS worker. When a participant
is involved in community service that is subject to the Fair Labor Standards
Act (FLSA), the participant cannot be required to work more hours than the
amount of the participant's monthly FIP grant divided by federal or state
minimum wage, whichever is higher. Only hours up to or less than the maximum
calculated may be included in the participant's FIA. Exceptions are as follows:
(1) For a participant who is a single parent
with a child under the age of six, the maximum hours that can be required are
determined by adding the value of the participant's SNAP to the FIP grant
amount before dividing by the minimum wage.
(2) Participants who are court-ordered to do
community service shall work the number of hours required by the court.
e.
Supportive
payments. Child care assistance and a transportation payment for each
month of participation or part thereof shall be paid as described at rule
441-93.11 (239B) when needed for
participation in unpaid community service.
f.
Documenting
participation. Documentation of participation shall be provided as
described at subrule 93.10(2).
g.
Failure to complete unpaid community service. Participants who
without good cause do not participate in unpaid community service as specified
in their FIA shall be considered to have chosen the limited benefit plan.
Procedures at subrule 93.4(5) and rules
441-93.13 (239B) and
441-93.14 (239B) shall
apply.
Notes
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