Ohio Admin. Code 5101:1-3-12.3 - Work experience program
(A)
Which section of
the Revised Code applies to the work experience program (WEP)?
Conflict with Revised Code
(1)
Section
5107.05 of the
Revised Code authorizes the director of job and family services to adopt rules
as necessary to comply with Title IV-A, Title IVD, federal regulations, state
law, and the state plan
Section (5) of Amended
Substitute Senate Bill 238 of the 126th General Assembly (9/2006) sets forth
the following provision: Not later than September 30, 2006, the director of job
and family services shall adopt rules as necessary for the state to comply with
42 U.S.C. 607(i)(2) (8/1996). If necessary to bring the state into compliance
with 42 U.S.C. 607(i) (2) (8/1996), the rules may deviate from Chapter 5107. of
the Revised Code. Rules adopted under this section that govern financial and
other administrative requirements applicable to the department of job and
family services and county departments of job and family services shall be
adopted in accordance with section 111.15 of the Revised Code as if they were
internal management rules. All other rules adopted under this section shall be
adopted in accordance with Chapter 119. of the Revised Code.
(2) The county agencies shall administer the
work activity programs in accordance with the requirements contained in this
rule and not in accordance with sections
5107.40,
5107.54,
5107.541
and
5107.61
of the Revised Code.
(3) All applicable requirements
contained in the Revised Code sections referenced in paragraph (A) (2) of this
rule have been incorporated into this rule.
(B) What is the definition of a
work experience program (WEP)?
(1) WEP is a work activity that is:
(a) Performed in return for cash assistance;
and
(b) Provides an individual an
opportunity to acquire the general skills, knowledge, and work habits necessary
to obtain employment.
(2)
WEP activities may include, but are not limited to:
(a) Work associated with the refurbishing of
publicly assisted housing;
(b)
Service as an Ohio works first (OWF) ombudsperson pursuant to sections
329.07
and
5107.61
of the Revised Code; and
(c) Work
as a school volunteer or classroom aide. A work-eligible individual may be
assigned at a nonpublic or public school when they have a minor child enrolled
in that school. Assignments pursuant to this paragraph shall meet the
definition of WEP.
(i) A county agency may
contract with the chief administrator of a nonpublic school or with any school
district board of education that has adopted a resolution under section
3319.089
of the Revised Code.
(ii) A
contract shall provide for a participant to volunteer or work at the school as
a classroom aide. When that is impossible or impractical, the contract may
provide for the participant to volunteer to work in another position at the
school.
(iii) A contract may
provide for the nonpublic school or board of education to receive funding to
pay for coordinating, training, and supervising participants volunteering or
working in schools.
(iv)
Notwithstanding section
3319.088
of the Revised Code, a participant volunteering or working as a classroom aide
under this section is not required to obtain an educational aide permit or
paraprofessional license. The participant shall not be considered an employee
of a political subdivision for purposes of Chapter 2744. of the Revised Code
and is not entitled to any immunity or defense available under that chapter,
the common law of this state, or section
9.86
of the Revised Code.
(C) What activities do not meet the
definition of WEP?
(1) Job search and job
readiness activities;
(2)
Vocational education;
(3) Caring
for a disabled family member; and
(4) Attending medical appointments.
(D) What requirements apply to
WEP?
(1) Hours assigned to WEP are subject to
the Fair Labor Standards Act (5/2011) requirements pursuant to paragraph (J) of
rule
5101:1-3-12
of the Administrative Code.
(2)
Each county agency shall make a list of WEP sites available to the
public.
(3) Work-eligible
individuals assigned to WEP are not employees of the Ohio department of job and
family services (ODJFS) or the county agency. The operation of WEP does not
constitute the operation of an employment agency by the ODJFS.
(4) Unless a county agency pays the premiums
for an entity, a private or government entity with which a work eligible
individual is placed for WEP activities shall pay premiums to the bureau of
workers' compensation on account of the work eligible
individual.
Notes
Promulgated Under: 119.03
Statutory Authority: 5107.05
Rule Amplifies: 5107.05
Prior Effective Dates: 09/29/2006 (Emer.), 12/29/2006, 10/01/2008, 02/01/2012, 01/01/2017
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