709 Disqualification for Voluntary Quit or Voluntary Reduction of Work

Effort Household members determined to be mandatory work registrants, will be disqualified if they voluntarily quit a job of at least 30 hours per week, or voluntarily reduce their work hours to less than 30 hours per week without good cause. If a household member voluntarily quits a job involving less than 30 hours of work per week, the disqualification applies if the weekly earnings were at least equivalent to the federal minimum wage multiplied by 30 hours. The penalties for voluntary quit or reducing work hours should be explained to households at application and recertification. The provisions of this section do not apply in the following circumstances: 1. For applicant households, a voluntary quit or voluntary reduction which occurred more than 30 days prior to the date of application, unless the household was receiving benefits at the time of the quit or reduction, but the county department did not learn about it until reapplication. 2. Temporary leave from a paid position of employment pursuant to the provisions of the Family Medical Leave Act of 1993. The provisions may apply if the individual does not return to work at the end of the leave period. 3. Involuntary reduction of work hours. 4. Termination of a self-employment enterprise. 5. Resignation from a job at the demand of the employer. 6. If a household member quits a job to take new employment at comparable wages or hours and is then laid off, or through no fault of his own loses the new job, the earlier quit will not form the basis of a disqualification. “Comparable” does not require that the new job pay equal wages or provide equal hours of work; consideration must be given to new employment which might entail fewer hours or a lower salary, but which offers greater chances to improve job skills or achieve future advancements. Good Cause Determination Upon determination that a household member voluntarily quit employment or voluntarily reduced work hours, the county department must determine if good cause exists. In determining whether or not good cause exists, the county department must consider the facts and circumstances, including information submitted by the household member involved as well as information obtained from the employer concerning the circumstances of the quit or reduction of work hours. Good cause includes, but is not limited to: 1. Leaving a job that does not meet the criteria for suitable employment listed in Section 705. 2. Circumstances beyond the member’s control, such as illness, illness of another household member requiring the presence of the member, a household emergency, the unavailability of transportation. 3. Discrimination by an employer based on age, sex, race, color, handicap, religious beliefs, national origin or political beliefs. 4. Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule. 5. Enrollment of at least half-time in any recognized school, training program or institution of higher education that requires the household member to leave employment or reduce work hours. 6. Acceptance by any other household member of employment or enrollment at least half- time in any recognized school, training program or institution of higher education in another county or similar political subdivision which requires the household to move and thereby requires the household member to leave employment. 7. Lack of adequate child care for children who have reached age six but are under age 12; adequate child care shall be defined as care provided by a licensed daycare center/home, or an individual who is responsible for caring for the child. 8. Resignation by persons under the age of 60 which are recognized by the employer as retirement. 9. Acceptance of a bona fide offer of employment of more than 30 hours a week or in which the weekly earnings are equivalent to the Federal minimum wage multiplied by 30 hours which, because of circumstances beyond the control of the head of household, either does not materialize or results in employment of less than 30 hours a week or weekly earnings of less than the Federal minimum wage multiplied by 30 hours. 10. Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where households will apply for food assistance benefits between jobs particularly in cases where work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the quitting of the previous employment shall be considered as with good cause if part of the pattern of that type of employment. An employee of the Federal Government, or of a State or local government who participates in a strike against such government, and is dismissed from his or her job because of participation in the strike, shall be considered to have voluntarily quit his or her job without good cause. Verification of Good Cause To the extent that the information given by the household is questionable, county departments shall require verification of the household’s statements. The primary responsibility for providing verification rests with the household. If it is difficult or impossible for the household to obtain documentary evidence in a timely manner the county department shall offer assistance to the household to obtain the needed verification. Acceptable sources of verification include but are not limited to: 1. The previous or current employer. 2. Employee associations. 3. Union representatives. 4. Grievance committees and organizations. Whenever documentary evidence cannot be obtained, the county department shall substitute a collateral contact. The county department is responsible for obtaining verification from acceptable collateral contacts provided by the household. Imposing the Disqualification Period When the county department determines that good cause did not exist for the voluntary quit or reduction, the household shall be sent a notice of adverse action to disqualify the individual. Disqualification periods will be imposed as follows: For the first violation or failure without good cause, the individual shall be disqualified for one month unless the individual becomes exempt from work registration which ends the disqualification. The second violation or failure without good cause, the individual shall be disqualified for three months unless the individual becomes exempt from work registration which ends the disqualification. For the third and subsequent violation or failure without good cause, the individual shall be disqualified for six months unless the individual becomes exempt for work registration which ends the disqualification. Applicant households containing a member who voluntarily quit or reduced work hours without good cause shall have the appropriate disqualification period applied at the time of application disposition. For participating households, the disqualification action is effective the month following the expiration of the notice of adverse action. The notice of adverse action should advise the household of the following: 1. The reason for the disqualification. 2. The minimum period of disqualification. 3. If the individual cures the disqualification prior to the effective date of the disqualification, no disqualification is imposed and the occurrence is not counted as a violation. Reestablishing Eligibility The county department shall add a disqualified household member back into the food assistance budget the month following the determination that the disqualification is no longer appropriate or the month following the end of the stated penalty period. The household does not have to be contacted prior to adding the member back into the food assistance household as an eligible member, unless there are questions about that member’s continuing eligibility requiring a contact with the household to clear up questionable information. If the disqualified individual was the only household member and the case was denied or terminated at disqualification, reapplication is required. A disqualified member shall be removed from the household when it is determined that he is no longer residing with the household.