Page 13

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 13 DEPARTMENT OF CHILDREN AND FAMILIES DCF 101.21 (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, non- marital 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 rela- tives 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 fu- neral services. A participant may be granted good cause for no more than 7 business days if long-distance travel is required to at- tend the funeral services. In general, the good cause period may not exceed the week following the death of a member of the par- ticipant’s immediate family, but the FEP may lengthen the time- frame 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 ab- sence from a required activity to prevent a payment reduction un- der s. 49.148 (1) (b) 1., (b) 3., or (c), Stats. (3) WRITTEN DOCUMENTATION. In making a good cause de- termination, the FEP may require that the W-2 employment posi- tion 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 mis- using the good cause policy. History: 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 Novem- ber 2008 No. 635; CR 08-034: r. and recr. Register December 2010 No. 660, eff. 1- 1-11; CR 21-091: am. (1) (intro.) Register July 2022 No. 799, eff. 8-1-22. DCF 101.21 Sanctions — Refusal to participate. (1) In this section: (a) “Appropriate” means consistent with an individual’s em- ployability plan. (b) “Employer” means a person, entity, or Wisconsin works agency that provides employment for an individual. (c) “Employment” means work, work experience, or training assigned to an individual. (d) “Individual” means a participant in a Wisconsin works employment position or a second parent in the participant’s Wis- consin works group who is subject to a work requirement under s. DCF 101.27. (e) “Misconduct” means one or more actions or conduct evincing such willful or wanton disregard of an employer’s inter- ests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of its employ- ees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substan- tial disregard of an employer’s interests, or of an employee’s du- ties and obligations to an employer. In addition, “misconduct” in- cludes any of the following: 1. A violation by an individual of an employer’s reasonable written policies concerning the use of alcohol beverages, con- trolled substances defined in s. 961.01(4), Stats., or controlled substance analogs defined in s. 961.01 (4m), Stats. 2. Theft of an employer’s property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an individual’s employment with an employer, or intentional or negligent conduct by an individual that causes substantial damage to an employer’s property. 3. Conviction of an individual of a crime, while on or off duty, if the individual is unable to perform the duties that the in- dividual performs for an employer due to the conviction. 4. One or more threats or acts of harassment, assault, or other physical violence by an individual at an employment site. 5. Use of profane or abusive language directed toward staff or others at an employment site. (f) “Participation period” means the 16th of one month to the 15th of the next month. (g) “Training” means education or training assigned by the Wisconsin works agency under s. 49.147 (3) (am), (4) (am), or (5) (bm), Stats. (2) A Wisconsin works agency shall provide to each individ- ual in the program a written description of the following: (a) The individual’s obligation to participate in assigned activities. (b) The actions under sub. (3) that demonstrate a refusal to participate. (c) The individual’s ineligibility to participate in the Wiscon- sin works program for 3 months if an individual in the Wisconsin works group demonstrates a refusal to participate. (3) An individual demonstrates a refusal to participate if the individual does any of the following: (a) Is discharged from employment for misconduct or engages in misconduct on the premises of an employer. (b) Fails to appear or appears more than 15 minutes after the scheduled start time of an interview with a prospective employer, a job fair, or a meeting with a prospective employer that was ar- ranged by the Wisconsin works agency. (c) Leaves an interview or a meeting with a prospective em- ployer prior to the conclusion of the interview or meeting. (d) Appears for an interview or a meeting with a prospective employer wearing inappropriate attire or exhibiting inappropriate grooming after receiving written or oral directions or training on appropriate attire and grooming. (e) Fails to complete a job application required by a prospec- tive employer. (f) Communicates to a prospective employer an unreasonable requirement for salary, hours of employment, or working condi- tions that disqualifies the individual from employment with that employer. (g) Provides incorrect or incomplete information regarding employment qualifications in an interview or job application that disqualifies the individual from employment with the prospective Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register May 2026 No. 845