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State of Wisconsin |
HISTORY |
The policy on this page is from a previous version of the handbook.
3.16.1.4 Work Registration Requirement
3.16.1.5 Voluntary Quit or Reduced Work Effort (VQT)
3.16.1.8 Ending A VQT, Reduced Work Effort, or Job Refusal Sanction
As of March 1, 2008 FSET became a voluntary program for all FS applicants and recipients. The FSET program serves people who wish to voluntarily enroll, but benefits cannot be sanctioned for nonparticipation. Although Wisconsin has a voluntary FoodShare Employment and Training (FSET) program, Federal regulations require FS applicants and recipients to comply with FoodShare and ABAWD work requirements as a condition of FS eligibility.
ABAWD policy related to FS eligibility is located in Section 3.17 of the FoodShare Handbook. All FSET policy and some additional ABAWD policy pertaining to the ABAWD work requirement is contained in the FSET handbook at http://www.emhandbooks.wi.gov/fset/ DHS is in the process of revising the FSET handbook.
FS applicants and recipients must comply with the following work requirements as a condition of FS eligibility:
Register for work at time of application and every 12 months thereafter, and
Not quit a job of 30 or more hours/week or reduce work hours under 30 hours per week (or with earnings equivalent to 30 hours per week at federal minimum wage, currently $7.25/hour) without Good Cause, 30 days prior to application or anytime thereafter, and
Not refuse to accept a bona fide offer of suitable employment without Good Cause. Suitable means that:
pay is equivalent to minimum wage or higher,
the employee is not required to either join or quit a union or trade organization,
the job is not obtained due strike or lock out,
the job does not pose health risks, and
the job matches person's physical and mental ability to perform the job, etc.
Minor variations in the number of work hours worked or in the weekly gross wage equivalent to federal minimum wage multiplied by 30 hours/week are inevitable and must be taken in consideration when assessing compliance with work requirements.
The following FS applicants and recipients are exempt from meeting work requirements:
A person younger than age 16 or age 60 or older. A 16 or 17 year old, who is not the head of the HH and is attending school or a work program, at least half time, is also exempt.
A student enrolled at least half time in any recognized school, training program or institution of higher education. Students must meet eligibility requirements as listed in FSHB 3.15.1. A student will remain exempt during the school term, school breaks, and school vacations unless they graduate, are expelled, suspended, drop out or do not plan on registering for the next term (excluding summer school).
A person considered physically or mentally incapable of becoming employed.
A person subject to work requirements under title IV of the Social Security Act (i.e. W-2 ).
A parent or other HH member who is responsible for caring for a child under age 6, or for someone who is incapacitated.
A person receiving unemployment compensation.
A regular participant in an AODA program.
A person employed or self employed at least 30 hours/week or earning at least the equivalent of federal minimum wage multiplied by 30 hours/week. This includes migrant and seasonal workers.
A household member who has applied for SSI is exempt from work requirements until a disability determination is made. If they are determined ineligible for SSI, registration for work should be re-evaluated.
Note: For exemptions from the ABAWD work requirement, see section 3.17 Able-Bodied Adults Without Dependents.
As a condition of FS eligibility, each household member not exempt from work requirements must register for work at the time of application and review.
Registration for work is completed when the agency receives one of the following:
A signed RFA after client registration in CWW is completed,
A signed Page 1 application registration form (F-16019A),
A completed, signed FoodShare Wisconsin Application Form (F-16019B),
An ACCESS Application containing an electronic signature, or
A signed signature page from the CARES Case Summary.
A completed telephonic signature (2.1.1.4).
The adult who signs the FS application registers all adult household members who are required to register for work.
IM workers should provide applicants and recipients with information about the FSET program. Workers need to inform work registrants that although registration for work is mandatory, participation in FSET is voluntary and nonparticipation will not result in being sanctioned. However, FSET nonparticipation of non-Exempt ABAWDs may result in the loss of FS eligibility once three months of time-limited benefits are exhausted without meeting the ABAWD work requirement (see 3.17 ABAWDs).
A FS applicant or member not exempt from the work requirements will be sanctioned from receiving FS benefits if, 30 days prior to application or anytime thereafter, s/he voluntarily and without good cause:
Quits a job of 30 hours a week or more,
Reduces work hours below 30 hours/week, or
Refuses a bona fide offer of suitable employment.
If a VQT, reduction of work hours below 30 hours/week or refusal of suitable employment occurred within 30 days of the application filing date, without Good Cause, the individual will be sanctioned for 30 days from the FS filing date. If there are no other eligible members in the household, the application will be denied and the applicant will have to re-apply either after the sanction end date or at anytime s/he becomes exempt prior to that date.
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Example 1: John applied for FS for himself and his 3 children on March 2nd. On February 28th he had voluntarily reduced his work hours, without good cause, to 15 hours per week. He will be sanctioned from March 2nd through March 31st (30 days). His children will be eligible for benefits beginning March 2nd. John’s participation status will be a Gross Deemer. His income will be used in the FS eligibility determination for the rest of the household.
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Example 2: Kathy applied for FS for herself on March 15th. She voluntarily quit her full time job on March 14th without Good Cause. Her sanction period would be from March 15th through April 13th. Since there are no household members eligible for FS, her application will be denied. She can re-apply for FS benefits anytime after April 13th or at anytime she becomes exempt prior to that date. |
The Sanction period for an ongoing case is as follows:
1st occurrence - One month
2nd occurrence - Three months
3rd occurrence - Six months
The sanction period begins the 1st of the month following the month in which the person was given proper notice that they have been sanctioned. The sanctioned individual’s participation status will be a Gross Deemer. His or her income will be used in the FS benefit determination for the rest of the FS group.
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Example 3: Joan has been open for FS benefits for herself and her two teenage children since October. On February 20th she reported she quit her job on January 5th. She does not have good cause for quitting the job. Her VQT sanction begin date will be April 1st. |
If the VQT or reduced work effort occurs in the last month of the certification period, the sanction period begins the day after the last certification period ends, regardless of whether or not the person reapplies for FS.
When a sanctioned member moves to another household, s/he carries the remainder of the sanction to the household s/he joins. Only the household member who failed to comply is ineligible.
Upon determining that an individual voluntarily quit employment, reduced work hours below 30 hours/week, or refused an offer of suitable employment, the worker must determine if the reason the person took this action was due to Good Cause. Consider all facts and individual circumstances when making this determination.
Reasons for Good Cause include, but are not limited to:
Job did not meet suitable employment criteria (See FSET Handbook 7.1.1 Suitable Employment)
A person was fired or resigns at the employer’s demand.
Employer discriminated on the basis of age, race, sex, color, handicap, religious belief, national origin or political belief.
Unreasonable work demands or conditions made continued employment unreasonable. For example, working without being paid on schedule.
Acceptance of other employment at a wage equivalent to working 30 hours/week at federal minimum wage.
Reduced work hours under 30 hours/week, but wage earned is equivalent to working 30 hrs/week, at federal minimum wage, or above.
Enrolled at least half-time in any recognized school, training program or institution of higher education.
Changes in the household impacted access to current employment. For example, the FS HH moved to another community because a member accepted a new job or enrolled at least half-time in a recognized school, training program, or institution of higher education.
Quit a job or reduced hours due to personal health reasons or health reasons of others.
Resignation of someone under age 60, which the employer recognizes as retirement.
Quit in the context of the natural pattern of employment, such as migrant or construction labor.
Hours of employment were reduced, but the employer remains the same.
Quit unsubsidized employment to join a volunteer program, such as VISTA , AMERICORPS, etc.
Unavailability of transportation.
Inadequate child care for children under age 12
Self employment ended
Other circumstances where the agency feels there is good cause.
If the sanctioned person requests a Fair Hearing because their reason for Good Cause was not approved, benefits should continue until after the Fair Hearing decision. If the sanction is upheld, the period of ineligibility will begin the 1st of the month following the month of decision.
Any federal, state or local government employee who participates in a strike and is dismissed because of the participation is considered to have voluntarily quit the job without good cause.
Note: Simplified reporting does not require reporting of job loss or reduction in work hours with the exception of ABAWDs who are exempt from the ABAWD work requirement because they are working at least 80 hours per month (see 6.1.1 Change Reporting). Workers are required to determine Good Cause at the time the loss or reduction in employment becomes known to the agency. A sanction is imposed the 1st of the month after the month proper notice of the sanction is provided, regardless of when the VQT became known to the agency. Therefore benefit recovery does not apply to VQT or reduction in work hours for ABAWDs.
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Example 4: While processing Scott’s SMRF on December 20th, Mary notices that Scott’s last day of work was October 1st. Mary contacts Scott to determine if his job ended due to Good Cause. Scott does not have good cause for quitting his job. Because Mary is processing the VQT after Adverse Action in December, his sanction begin date will be February 1st. |
When the sanction period ends, a re-request for FS must be made prior to adding the person back to the FS group. If the person is requesting to be added to an open FS case, the person will be added to the case the 1st of the month following the month the sanction ended and the re-request was made.
In multiple person cases, if the case has closed and the household is re-applying after the sanction end date, assume the sanctioned person is re-requesting FS benefits at the time of the application. The sanctioned individual will be added to the FS case as of the filing date for the new application.
For one person cases, the sanctioned individual will have to reapply for FS benefits once the sanction period ends. If a FS application is filed in the final month of the sanction period, the agency must use the same application for determining eligibility for the subsequent month.
A sanction period may end early only if the person becomes exempt from meeting work requirements.
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Example 5: Jeff received notice on March 10th that he will be sanctioned beginning April 1st for voluntarily quitting his full time job. On March 28th Jeff reports new full time employment. The sanction would not apply because Jeff is now exempt from meeting work requirements since he is employed more than 30 hours per week. |
Note: A work sanction cannot be cured through FSET participation. Although an individual may be mandatory for meeting work requirements, participation in FSET activities remains voluntary. A sanction cannot be imposed for FSET nonparticipation. However, Non-Exempt ABAWDs may lose FS eligibility due to nonparticipation in FSET.
This page last updated in Release Number: 15-01
Release Date: 01/22/15
Effective Date: 01/22/15
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-16001