3006.4 TANF Employment and Training Activities Which Constitute Participation Under TANF

The following are employment-related activities that count as participation: • Unsubsidized employment - means full- or part-time employment in the public or private sector where the employer in not subsidized by TANF or any other public program. (A subsidy does not include employer tax credits for hiring economically disadvantaged workers.) B. No children under 6 years old Two Parent Family A. Not receiving subsidized child care B. Receiving subsidized child care • Subsidized private sector employment - means employment in the private sector for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient.] • Subsidized public sector employment - means employment in the private sector for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient. • The goal of subsidized employment is to move participants into unsubsidized employment, so duration should be limited. • Unlike work experience, a participant is paid wages and receives the same benefits as a non-subsidized employee. • Preamble outlines 3 subsidized models: 1. Work supplementation where TANF funds that would otherwise be paid as assistance is paid to employer; 2. Third party contractor, like a temporary staffing agency, serves as employer of record and is paid a fee to cover salary, expenses and success in placing employees; and 3. Supported work for individuals with disabilities in an integrated setting. • Work experience (including work associated with refurbishing of publicly assisted housing) if sufficient pri- vate sector employment is not available - means a work activity, performed in return for welfare, that pro- vides an individual with an opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain employment. The purpose of work experience is to improve the employability of those who cannot find unsubsidized employment. This activity must be supervised by an employer, work site sponsor, or other responsible party on an ongoing basis no less frequently than daily. • Participants receive TANF assistance/benefits, not wages. • May be considered an “employee” under Fair Labor Standards Act (FLSA) broad definition. If so, partici- pants must be compensated at the minimum wage and overtime rules apply. (See §§ 261.31-32 below for new flexibility in counting hours subject to FLSA.) • TANF assistance/benefits that work experience participants receive are not considered wages for Social Security purposes, or taxable income for purposes of the Federal income tax, or the Federal Earned Income Tax Credit. • A State may consider a work-experience participant to be an “employee” for purposes of worker’s compen- sation. • On the job training - means training in the public or private sector given to a paid employee while he or she is engaged in productive work and that provides knowledge and skills essential to the full and adequate performance of the job. • States may subsidize the employer to offset training costs. • OJT must be supervised daily. • Supported employment may be counted as OJT, if it includes significant on-site training in the skills and knowl- edge essential to job performance. • Job search and job search readiness (six week limit) - means the act of seeking or obtaining employment, preparation to seek employment, including life skills training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable. Such treatment or therapy must be determined to be necessary and certified by a qualified medical or mental health professional. Job search and job readiness activities must be supervised by the TANF agency or other responsible party on an ongoing basis no less than daily. • The “job search” aspect includes looking for suitable job openings, making contact with potential employers, applying for vacancies and interviewing for jobs. • Job readiness assistance comprises of two activities: 1. Preparing an individual to obtain employment, such as preparing a resume or job application, interviewing skills, instruction in work place expectations and life skills; and 2. Substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable. A State may only count an individual’s actual hours of participation in treatment or rehabilitation activities. • If a portion of the treatment or rehabilitation service meets a common-sense definition of another work activity, then the hours associated with that activity may count under the appropriate category, such as work experience. • For purposes of the 6-week limitation (no more than 4 consecutive weeks), a week consists of 7 consecu- tive days. • Community service programs - means structured programs and embedded activities in which TANF recipi- ents perform work for the direct benefit of the community under the auspices of public or nonprofit organi- zations. Community service programs must be limited to projects that serve a useful community purpose in fields such as health, social service, environmental protection, education, urban and rural redevelop- ment, welfare, recreation, public facilities, public safety, and child care. Community service programs are designed to improve the employability or recipients not otherwise able to obtain employment and must be supervised on an ongoing basis no less than daily. A State agency shall take into account, to the extent possible, the prior training, experience, and skills of a recipient in making appropriate community service assignments. • Family- and self-improvement activities that do not provide a direct benefit to the community may not be counted as community service, including substance abuse treatment, mental health and family violence counseling, life skills and parenting classes, job readiness instruction and caring for a disabled household family member. • Community service programs may not include activities that meet the definition of another allowable TANF work activity. • Programs must include structured activities that both provide a community service and also improve the employability of participants. • Excluded are unstructured and unsupervised activities such as helping a neighbor or friend, and foster par- enting. Participants may be considered an “employee” under the Fair Labor Standards Act (FLSA) broad definition. If so, participants must be compensated at the minimum wage and overtime rules apply • Vocational educational programs (not to exceed 12 months); - means organized educational programs that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training other than a baccalaureate or advanced degree. • Vocational educational training must be supervised on an ongoing basis no less than daily. Vocational education does not include basis and remedial education, education in English proficiency, and postsec- ondary education. • Unsupervised homework time may not count; however structured and monitored study sessions which can be documented may be counted. • Vocational education must be provided by education or training organizations, such as vocational-technical schools, community colleges, postsecondary institutions and proprietary schools, etc. • Job skills training directly related to employment - means training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. Job skills training directly related to employment must be supervised on an ongoing basis no less frequently than daily. • Barrier removal activities, such as substance abuse counseling and treatment, may not be included. • Education directly related to employment for a recipient who has not received a high school diploma or equivalent - means education related to a specific occupations, job, or job offer. Education directly related to employment must be supervised on an ongoing basis no less frequently than daily. • May also include adult basic education and ESL, and where required as a prerequisite for employment education leading to a General Educational Development (GED) or high school equivalency diploma. • Participants should make “good or satisfactory progress” in terms of grades and completion timeframes under the standards of the institution. • Satisfactory school attendance at secondary school or in a course of study leading to a certificate of gen- eral equivalence, in the case of a recipient who has not completed secondary school or received such a certificate - means regular attendance, in accordance with the requirements of the secondary school or course of study, at a secondary school or in a course of study leading to a certificate of general equiva- lence, in the case of a recipient who has not completed secondary school or received such a certificate. This activity must be supervised on an ongoing basis no less frequently than daily. • To count, participants should make “good or satisfactory progress” in terms of grades and timeframes under the standards of the institution. • May not include other related educational activities, such as adult basic education or language instruction. • Unsupervised homework time may not count. • Providing child care services to an individual who is participating in a community service program - means providing child care to enable another TANF recipient to participate in a community service program. This activity must be supervised on an ongoing basis no less frequently than daily. • Regular school attendance or appropriate alternative activity (e.g., training or employment) for dependent children and minor parents. • Participation in Vocational Rehabilitation program for eligible recipients. Education and Training Students who do not meet the Blevins Bill requirements in section 3006.6 can receive 1.5 hours of study time for each credit hour if the education or training class requires homework and study time to be completed outside of class time. A 3- credit course would equal 7.5 hours of participation. (3 + (3 x 1.5) = 7.5. Study hours must be supervised to count towards participation. If a recipient is attending training or a program that does not have a designated credit hour, a determination of the amount of study time required for this training will have to be determined independently. This will be reported on the General Activity Screen in the DCIS II Employment and Training sub-system. A question will ask if this activity requires study time, if it is answered yes, then a mandatory screen will appear to enter the amount of weekly study hours. The amount of study hours necessary will be determined by the contractor. The student must be in good standing as it relates to attendance and achievement as defined by the program the student is attending. Example: A participant who is working 15 hours a week and taking 2 three-credit classes will have a participation rate of 30 hours. (15 hours of work + 6 credit hours of class + 9 hours of study time. 9 DE Reg. 1372 (03/01/06) 10 DE Reg. 706 (10/01/06)