Section 101.16. Work programs.

 

(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 his or her 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. A Wisconsin works agency may require an applicant for a Wisconsin works employment position to participate in job orientation during the period that his or her application is being processed as a condition of eligibility. 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 in his or her 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 jobs.

(a) In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in a trial 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 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 job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial job employment.

(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 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 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) , 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) 10. , 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 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) and (3) , 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 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) , 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) 10. , 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.

Cr. Register, October, 1997, No. 502 , eff. 11-1-97; CR 02-050 : cr. (3) (b) 6. and (4) (d) 2. f., am. (4) (c) Register January 2003 No. 565 , eff. 2-1-03; corrections in (1) (a) 2., (2) (d), (3) (c) 2., (4) (a) (intro.), (b) 1. and (e) 2. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 13-015 : cr. (1) (am) Register May 2014 No. 701 , eff. 6-1-14.

Note

Section 49.143 (2) (a) 10., Stats., was repealed. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 49.143 (2) (a) 10., Stats., was repealed. Microsoft Windows NT 6.1.7601 Service Pack 1