Okla. Admin. Code § 340:10-2-4 - [Effective until9/15/2021] [Effective9/14/2021]Employment
(a)
Applicability. Temporary Assistance for Needy Families (TANF) Work
activities are designed to help the participant obtain employment to achieve
economic self-sufficiency, per Sections 261.2, 261.10, and 261.30 of Title 45
of the Code of Federal Regulations (
45 C.F.R. §§
261.2,
261.10,
and
261.30
). Work allows participants to enhance their self-esteem and to become more
independent. Every effort is made to assist participants in securing jobs that
provide financial security and opportunities for advancement. The appropriate
employment criteria for subsidized and unsubsidized employment are included in
(1) through (5) of this subsection.
(1)
Appropriate employment may be temporary, permanent, full-time, part-time, or
seasonal work, as long as the daily and weekly hours of employment do not
exceed those customary to the occupation.
(2) The wage must meet or exceed the federal
or state minimum wage laws or the prevailing rate for similar employment,
whichever is applicable. The state law applies when federal law does not cover
the job.
(3) A participant is not
required to accept employment when the position offered is vacant due to a
strike, lockout, or other bona fide labor dispute.
(4) A participant is not required to work for
an employer when it is contrary to the conditions of membership in the union
governing that occupation. Employment not governed by the rules of the union to
which the participant belongs may be appropriate.
(5) A participant is not required to accept
employment that results in the net loss of income.
(b)
Unsubsidized employment. The
State Work Incentive Program and any employment for which the employer does not
receive reimbursement for any portion of the wages paid are examples of
unsubsidized employment.
(1)
State Work
Incentive Program. The State Work Incentive Program is designed to
assist in employing TANF participants into entry level positions in all
branches of state government. Oklahoma Department of Human Services (DHS), in
cooperation with other state agencies and the Office of Management and
Enterprise Services Human Capital Management, coordinates job placements for
TANF participants referred to the program on Form 08TW023E, State Work
Incentive Referral.
(A) Employment of
eligible participants may be considered for positions of unclassified status
for a two-year period in a full-time or part-time capacity. These positions are
not included within any limitation on full-time equivalent employee positions
for any agency.
(B) Participants
hired under this program are eligible for leave and other benefits available to
other state employees, subject to other eligibility requirements, and may be
reassigned or promoted while in the program.
(C) Participants hired are exempt from
probationary hiring procedures. They may be considered for conversion to
permanent classified status after two years of continuous program
participation.
(D) Requirements for
placing employees in permanent status include:
(i) completing satisfactory performance
ratings conducted during employment; and
(ii) having possession of the minimum
requirements stated in the job specifications.
(2)
Other unsubsidized
employment. Unsubsidized employment includes any employment in which a
participant is hired by a private or public employer and there is no
reimbursement of any portion of the wages paid to the recipient.
(c)
Subsidized
employment. The Subsidized Employment Program (SEP) and on-the-job
training (OJT) are examples of subsidized employment. The employment criteria
in (a) of this Section apply.
(1)
SEP. SEP is a subsidized employment program through which DHS
reimburses employers hiring 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, DHS 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
his or her 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)
Position requirements. Position requirements must include:
(i) full-time employment for a minimum of 35
hours per week;
(iii) the same
wages, benefits, and working conditions as provided to other employees
performing a substantially equivalent job;
(iv) employer agreement to conform to the
Equal Employment Opportunity Commission and fair employment practices, such as
nondiscriminastion regarding age, race, sex, color, national origin,
disability, and in some cases religion or political belief; and
(v) employer assurance the position does not:
(I) displace the employer's current
employees, including any involved in a strike or lockout;
(II) involve commission sales when at least
$10 per hour is not guaranteed; or
(III) is not for casual, intermittent, or
seasonal labor.
(C)
Recruitment of employers.
Designated county staff or the career development specialist (CDS) recruits
employers interested in SEP. The employer is asked to notify designated county
staff or the CDS of potential positions with job specifications and
qualifications in order to match the employer with an appropriate TANF
participant referral. Designated county 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 county 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 county 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 county staff or the CDS has
the responsibility for ensuring the employer is complying with the
contract.
(D)
SEP
placements. Designated county 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 county
staff or the CDS negotiates the contract, Form 08TW017E, Subsidized Employment
Program (SEP) Contract, with the employer. Negotiation includes the beginning
date of employment, the employee's salary, and the employee's planned number of
employment hours per week.
(ii)
Upon receipt of the contract, designated county staff or the CDS reviews it for
completeness and, when approved, signs and dates the contract. Designated
county staff or the CDS delivers the employer's copy of the contract and Form
08TW018E, Subsidized Employment Program (SEP) Invoice, for requesting
reimbursement to the employer.
(iii) Designated county 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, a letter is mailed by the designated county staff or
the CDS to the employer explaining the reason for the disapproval. Designated
county staff or the CDS notifies the participant by phone or letter that the
contract was not approved.
(E)
Program procedures. The
procedures for programs listed in (i) through (iv) of this subpara-graph are
used.
(i)
TANF cash
assistance.Under SEP, eligibility for TANF cash assistance is frozen.
During the participation period, the TANF assistance unit cannot be determined
ineligible.
(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
Oklahoma Administrative Code (OAC)
340:50-11-20 continue to
receive SSNAP benefits without consideration of the SEP income during the
participation period as long as household composition remains the same. Once
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.
Once 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 DHS 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).
(F)
Payment of employers.
Employers are eligible for:
(i) one hundred
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 Adult and Family Services (AFS) TANF
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;
(ii) fifty 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
unsub-sidized 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.
(G)
Supplemental payments to SEP 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.
(H)
SEP
contract period completions. At the end of the fourth month of
subsidized employment, the worker reviews the participant's continued TANF
eligibility.
(I)
SEP contract
terminations. When 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, 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 employee.
(A) Participants who successfully complete
the Work Experience Program, 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) The worker
explains the availability of transitional child care per OAC
340:40-7-1
and continued medical benefits per OAC
340:10-3-75
to the participant at the time of entry into OJT.
(d)
Work Opportunity Tax Credit
(WOTC). The WOTC law permits for-profit employers to take a federal
income tax credit when workers from certain target groups are hired. Workers in
these target groups have faced significant barriers to employment. The WOTC is
equal to between 25 percent and 40 percent of the first year wages, up to
$9000, depending on the number of hours the employee works, and the applicable
target group for the person. The main objective of this program is to enable
targeted employees to gradually move from economic dependency into
self-sufficiency as he or she earns a steady income and become contributing
taxpayers, while the participating employers are compensated by reducing their
federal income tax liability.
(1) WOTC is
available to employers for workers hired from targeted groups. The targeted
groups are:
(A) TANF recipients who received
assistance for nine months out of the last 18 months;
(B) qualified veterans. Qualified veterans
are persons who received food benefits for at least three consecutive months
within the last 15 months preceding the hire date;
(C) qualified ex-felons. Qualified ex-felons
are persons who were convicted of a felony and within the last year were either
convicted or released from prison;
(D) designated community residents.
Designated community residents are persons, who are 18 years of age, but not 40
years of age, on the hiring date and whose principal place of residence is
within an Empowerment Zone, Enterprise Community, or a Rural Renewal County,
and for those who began work after May 25, 2007. This High-Risk Youth group was
renamed "Designated Community Resident" and expanded to include residents of
Rural Renewal Counties;
(E)
vocational rehabilitation recipients. Vocational rehabilitation recipients are
persons with a disability who received or are receiving vocational
rehabilitation from a rehabilitation agency approved by the state or Department
of Veterans Affairs;
(F) qualified
summer youth employees. Qualified summer youth employees are persons at least
16 years of age, but not 18 years of age, on the hiring date and have a
principal residence in an Empowerment Zone, Enterprise Community, or Rural
Renewal County hired between May 1 and September 15;
(G) qualified food benefit recipients.
Qualified food benefit recipients are persons, who are at least 18 years of
age, but not 40 years of age, who are:
(i)
members of a household that received food benefits for the last six-consecutive
months prior to their hiring date; or
(ii) able-bodied adults without dependents no
longer eligible for benefits who reside with a household currently receiving
food benefits or a household that received food benefits for at least three
months out of the last five consecutive months, prior to the hiring date;
(H) qualified recipients
of Supplemental Security Income (SSI). Qualified recipients of SSI are persons
who received SSI for any month during the 60-calen-dar days before the hire
date;
(I) long-term TANF recipients.
Long-term TANF recipients are persons certified by a designated local agency as
members of families who received TANF payments for:
(i) at least 18 consecutive months ending on
the hiring date;
(ii) a total of at
least 18 months, whether consecutive or not, after August 5, 1997, when hired
within two years after the date the 18 month total is reached;
(J) Hurricane Katrina employees.
Hurricane Kat-rina employees do not require certification;
(K) unemployed veterans. Unemployed veterans
are persons hired after 2008, and before 2011, who:
(i) were discharged or released from active
duty in the United States (U.S.) Armed Forces at any time during the five-year
period ending on the hiring date; and
(ii) received unemployment compensation under
federal or state law for at least four weeks during the one-year period ending
on the hiring date; and
(L) disconnected youth. Disconnected youth
are persons certified as:
(i) having attained
16 years of age, but not 25 years of age, on the hiring date;
(ii) not regularly attending any secondary,
technical, or post-secondary school during the six month period preceding the
hiring date;
(iii) not regularly
employed during the six month period preceding the hiring date; and
(iv) not readily employable by reason of
lacking a sufficient number of basic skills.
(2) Through an agreement with the Oklahoma
Employment Security Commission, DHS issues WOTC conditional certification forms
for DHS recipients.
(3) U.S.
Department of Labor Form ETA-9062, Conditional Certification Work Opportunity
Tax Credit, and a letter from the worker stating the number of months the
participant received DHS benefits is given to the participant to present to the
employer, on or before, the first day of employment. An explanation is given to
the participant about the purpose of the form and how the tax credit may help
the participant get a job.
(e)
Work Experience Program
(WEP). The purpose of WEP is to provide job skills and work enhancement
to TANF participants enabling them to move toward self-sufficiency and obtain
unsubsidized employment following completion of the placement.
(1)
Benefits. Program benefits
for participants include an opportunity to establish a work history and earn a
recommendation from an employer. Participants also learn to balance the demands
of home and work, gain confidence by performing in a job setting, enhance
current job skills, learn marketable skills on-the-job, and determine interest
and aptitude for a particular type of work by doing the job.
(2)
WEP assignments. WEP
assignments are approved for an initial period of 90- calendar days.
(A) No salary is paid.
(B) With respect to injuries incurred during
WEP working hours, federal law requires medical coverage be offered under state
workers' compensation law or by DHS. Oklahoma workers' compensation law does
not cover WEP participants. Medical coverage is provided by the SoonerCare
(Medicaid) Program.
(3)
WEP referrals. Participants are referred to WEP slots based on the
employability plan. The worker coordinates assignment to a WEP position with
the participant. Based on the employability plan, the worker:
(A) determines which facility best meets the
participant's needs;
(B) arranges
an interview between the facility and the participant; and
(C) notifies the participant of the place,
time, and interviewer's name.
(4)
WEP facilities. Facilities
selected for WEP placements must be capable of providing employment and have an
apparent intent to hire, or be able to provide quality job skills enhancement.
WEP facilities are solicited by designated county staff, the CDS, or a
contracted entity who agreed to assist with job development and placement,
including WEP. Local job market conditions, opportunities for employment
following completion of WEP participation, as well as the ability of the
facility to provide the necessary supervision and skills enhancement are
criteria used when soliciting a facility.
(A)
WEP slots are developed to meet participant employment needs as determined by
the employability plan. When a facility agrees to participate in WEP, the
facility representative is requested to provide:
(i) a written description of the type of
activities in which the participant will be involved;
(ii) the number of participants the facility
can accept;
(iii) the hours of
participation; and
(iv) any special
requirements, such as uniforms or special equipment.
(B) There are two types of WEP facilities,
WEP Non-profit (WEP-NP) and WEP-For-Profit (WEP-FP).
(i) WEP-NP placement is approved for public
and private non-profit organizations or businesses. When a participant requires
additional skills enhancement, the worker may approve a 60-calendar day
extension. Extensions are not granted when the primary purpose is to provide
additional help to the facility. The criteria listed in (I) through (VII) of
this unit are used as a guide in determining the appropriateness of requesting
an extension beyond the initial three-month period.
(I) The participant needs additional time to
acquire skills to meet minimum hiring requirements.
(II) The participant demonstrates a
willingness to learn, but needs additional time to develop new skills, to
compete in the labor market.
(III)
The facility agrees to hire the participant, but does not have funds available
or a job opening until a specific date.
(IV) The facility has an opening in a
different area from where the participant was working and agrees to hire the
participant when additional time is granted for additional development of job
skills.
(V) The participant showed
improvement in all areas, but needs additional socialization skills and
improved behavior patterns in a work setting.
(VI) The participant missed more than two
weeks due to illness or the illness of a household member.
(VII) There are extenuating circumstances
that prevented the participant from receiving full benefit of the job skills
enhancement.
(ii) WEP-FP
is approved for businesses or entities that operate for profit. Only one WEP-FP
placement is allowed per 25 full-time employees in a for-profit business or
entity. The criteria in (I) through (II) of this unit must be in effect prior
to a WEP-FP placement.
(I) The placement
matches the participant's employability plan and the career path chosen by the
participant.
(II) The employer
committed to hire the participant, on or before, the completion of the
three-month placement.
(5)
WEP procedures. Upon the
county director, designated county staff, or the CDS approval, the worker
contacts the WEP facility to complete Form 08TW015E, Work Experience Program -
Non-profit Training Agreement, or Form 08TW115E, Work Experience Program
-For-Profit Training Agreement.
(A) The worker
instructs the facility representative or supervisor on the purpose and use of
Form 08TW013E, Time and Progress Report.
(B) It is the participant's responsibility to
complete Form 08TW013E and submit it to the worker by the day of the month
shown on the form.
(C) Approved WEP
slots not utilized within a six-month period are reviewed for appropriateness.
When the position is no longer feasible, designated county staff or the CDS
sends a letter to the facility stating the WEP slot is no longer active and may
be re-evaluated at the facility's request.
(6)
Non-cooperation by WEP
facility. When the worker obtains information the facility is violating
the terms and conditions of Forms 08TW015E and/or 08TW115E, or participants are
treated unfairly, the county director is informed immediately. The nature of
the allegations guides the necessary action that may include:
(A) suspension of subsequent assignments at
the facility;
(B) immediate removal
of current participants; or
(C)
termination of the agreement.
(7) Notification to participant and facility.
Ten-calendar days prior to the anticipated WEP completion date, or at any time
the participant becomes ineligible for WEP, the worker notifies the participant
by letter or phone call. The worker notifies the facility by letter or phone
call five-calendar days prior to the termination.
(8)
Changes in placements and
subsequent placements. When the facility, worker, and participant
determine placement in a different facility is more beneficial, the worker
locates a new facility and arranges an interview for the participant. When the
participant fails to secure employment following successful completion of WEP,
a conference is held with the participant, worker, and supervisor to determine
if a second WEP placement might be beneficial. The worker reviews the
employability plan prior to allowing a participant to re-enter WEP.
Consideration is given to reassignment to job search or another appropriate
work activity. In making this decision, consideration must be given to the:
(A) participant's ability to secure and
maintain fulltime employment;
(B)
opportunities for employment in the new field and in the area in which the
participant received job skills enhancement;
(C) participant's efforts to secure
employment; and
(D) length of time
between assignments.
(f) Community Partnership (CP). CP is unpaid
employment in which TANF recipients perform work for the direct benefit of the
community. A CP may be approved for both public and non-profit agencies and
organizations. A CP assignment is limited to projects that serve a useful
community purpose and are designed to improve the employability of recipients
not otherwise able to obtain employment. All CPs must be approved by AFS TANF
staff. Placements in CP require daily supervision. A recipient's training,
experience, and skills are considered in making an appropriate CP assignment.
(1)
Benefits. Participant
program benefits include an opportunity to establish the basic skills necessary
to obtain employment, such as daily attendance, appropriate attire, and proper
behavior in a work environment. Participants also learn to balance the demands
of home and work and gain confidence by performing in a job setting.
(2)
CP facilities. CP facilities
are solicited by designated county staff or the CDS. The ability of the CP to
provide the necessary supervision and basic skills training are criteria used
when soliciting a partnership.
(A) Training
slots are developed to meet the participant's employment needs as determined by
the employability plan.
(B) The
worker submits Form 08TW019E, Community Partnership (CP) Approval Request, to
AFS TANF staff for training facility approval.
(C) When a CP agrees to participate, the
facility representative is requested to provide:
(i) a written description of the type of
activities in which the participants will be involved;
(ii) the number of participants the CP can
accept;
(iii) the hours of
participation; and
(iv) any special
requirements, such as uniforms or special equipment.
(D) No salary is paid.
(E) When injuries occur during working hours
in CP, federal law requires medical coverage be offered under either state
workers' compensation law or by DHS. Oklahoma workers' compensation law does
not cover CP participants. Medical coverage is provided by the SoonerCare
(Medicaid) Program.
(3)
CP assignments. CP assignments are approved for an initial period
of no more than 60-calendar days. When a participant requires additional
training, the worker may approve a 30-calendar day extension. The criteria
listed in (A) through (F) of this paragraph are used as a guide when
determining the appropriateness of an extension request beyond the initial
60-calendar day period, but are not limited to:
(A) the participant needs additional time to
acquire skills to meet minimum hiring requirements;
(B) the participant demonstrates a
willingness to learn, but needs additional time to develop basic job skills
necessary to compete in the labor market;
(C) the CP has an opening in a different area
from the one in which the participant was trained;
(D) the participant shows improvement in all
areas, but needs additional socialization skills and improved behavior patterns
in a work setting;
(E) the
participant missed more than two weeks of training due to illness or the
illness of a household member; or
(F) extenuating circumstances prevented the
participant from receiving the full benefit of the training.
(4)
CP referrals.
Participants are referred to CP slots based on their employability plan and the
availability of CP positions. Assignment to a CP position is coordinated
between the participant, worker, and the CP. Based on the employability plan,
the participant and worker determine:
(A)
which CP best meets the participant's needs; and
(B) the location, date, and time to report to
the CP.
(5)
Procedures. Upon approval by AFS TANF staff, the worker contacts
the CP facility to complete Form 08TW020E, Community Partnership (CP)
Agreement.
(A) The worker instructs the
facility representative or the training supervisor regarding the purpose and
use of Form 08TW013E.
(B) It is the
participant's responsibility to complete Form 08TW013E and submit it to the
worker by the day of the month shown on the form.
(6)
Non-cooperation by CP. When
the worker obtains information that the CP is violating the terms and
conditions of Form 08TW020E or participants are treated unfairly, the worker
informs the county director, designated county staff, or the CDS immediately.
The nature of the allegations guides the necessary action that may include:
(A) suspension of subsequent CP
assignments;
(B) immediate removal
of the current participants; or
(C)
termination of the agreement.
(7)
Changes in placements and
subsequent placements. Following successful completion of CP training,
the worker and participant meet to determine if a second CP placement or other
work activity might be beneficial. The worker reviews the employability plan
prior to allowing a participant to enter the next work activity. When making
this decision, consideration is given to:
(A)
the participant's ability to secure and maintain employment;
(B) whether the participant needs additional
training or placement opportunities to enhance employment skills; or
(C) whether the participant needs any
educational opportunities to enhance employment skills.
Notes
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