Section 101.20. Determination of good cause.

 

(1)   Good cause circumstances. The FEP shall determine if a W-2 employment participant had good cause for not complying with the W-2 participation requirements. No good cause shall exist unless the participant provides timely notification of the good cause reason to the FEP. Good cause for failing to comply with the W-2 participation requirements shall be any of the following circumstances:

(a) A required court appearance, including a required court appearance for a victim of domestic abuse.

(b) Necessary child care is unavailable and the W-2 agency is unable to provide child care or refer the participant to alternate child care arrangements.

(c) Lack of transportation with no reasonable alternative, as determined by the FEP. In determining the reasonableness of transportation alternatives, the FEP shall consider the length of the participant's commute, participant safety, the cost of the transportation relative to the participant's income, and other relevant factors.

(d) Participant or W-2 group member's illness, injury, disability, or incapacity.

(e) Accommodations that have been determined necessary in a formal assessment are not available to allow the participant to complete the assigned activity.

(f) Conflict with another assigned W-2 activity or job search attempts.

(g) Inclement weather that impedes transportation or travel.

(h) School emergency.

(i) Domestic violence issues.

(j) Observance of a religious holiday.

(k) Routine medical or school appointments that cannot be scheduled at times other than during assigned activities.

(L) Child's school holiday, excluding summer break.

(m) Any day that the worksite or training site is closed due to a site-specific holiday.

(n) Death in the participant's immediate family. For purposes of this paragraph:

1. "Immediate family" means a participant's spouse, nonmarital co-parent, step-parent, grandparent, foster parent, child, step-child, grandchild, foster child, brother and his spouse, sister and her spouse, aunt, uncle, son-in-law, daughter-in-law, cousin, niece and nephew of the participant or the participant's spouse or nonmarital co-parent, and other relatives of the participant or the participant's spouse or nonmarital co-parent if these other relatives reside in the same household as the participant.

2. A participant may be granted good cause for no more than 3 business days if only local travel is necessary to attend the funeral services. A participant may be granted good cause for no more than 7 business days if long-distance travel is required to attend the funeral services. In general, the good cause period may not exceed the week following the death of a member of the participant's immediate family, but the FEP may lengthen the timeframe for good cause depending upon individual circumstances.

(o) Other circumstances beyond the control of the participant, but only as determined by the FEP. The FEP shall consider what a reasonable employer may allow under its absence policy and hardships that make completing activities and notifying the agency of missed activities more difficult for W-2 participants.

(2)   Timely notification. The participant shall notify the FEP of the good cause reason within 7 business days after an absence from a required activity to prevent a payment reduction under s. 49.148 (1) (b) 1. , (b) 3. , or (c) , Stats.

(3)   Written documentation. In making a good cause determination, the FEP may require that the W-2 employment position participant provide written documentation that good cause existed before accepting a good cause reason for a participant's absence from required activities if both of the following apply:

(a) The participant has a pattern of absences of more than 3 consecutive days or more than 5 days in a rolling 30-day period. An absence means being absent from any one required activity. A pattern of absences may include past absences for which a good cause reason was accepted.

(b) The FEP has reason to believe that the participant is misusing the good cause policy.

1997, No. 502, eff. 11-1-97; am. (2), Register, January, 2001, No. 541 , eff. 2-1-01; correction in (2) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 08-034 : r. and recr. Register December 2010 No. 660 , eff. 1-1-11.