49.145(3)(b)2.
2. Child support payments received by the individual on behalf of a child who is a member of the Wisconsin works group. The Wisconsin works agency shall not include child support payments received by the department under an assignment under
sub. (2) (s) unless the department has distributed the money to the individual.
49.145(3)(b)3.
3. The income of a nonmarital coparent or of the individual's spouse, if the spouse resides in the same home as the dependent child.
49.145(4)
(4) Review of eligibility. A Wisconsin works agency shall periodically review an individual's eligibility. The individual remains eligible under
sub. (3) until the Wisconsin works group's assets exceed the asset limits for at least 2 months or until the income of the Wisconsin works group is expected to exceed the income limits for at least 2 consecutive months.
49.145 History
History: 1995 a. 289;
1997 a. 27,
191,
237,
283.
49.1455
49.1455
Child support demonstration project. The department may conduct a demonstration project, pursuant to the terms and conditions of a federal waiver, under which the department may pay to an individual whom the department has selected to be part of a control group a portion of the amount of child support received by the department under an assignment by the individual under
s. 49.145 (2) (s).
49.1455 History
History: 1997 a. 27.
49.146
49.146
Employer criteria. The department shall establish by rule criteria that an employer providing a Wisconsin works employment position must meet in order to employ a participant under
s. 49.147 (3) to
(5). An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.
49.146 History
History: 1995 a. 289.
49.147
49.147
Wisconsin works; work programs and job access loans. 49.147(1)(c)
(c) "Unsubsidized employment" means employment for which the Wisconsin works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.
49.147(2)(a)(a)
Job search, orientation and training activities. 49.147(2)(a)1.1. 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. A participant in a Wisconsin works employment position shall search for unsubsidized employment throughout his or her participation. The department shall define by rule satisfactory search efforts for unsubsidized employment.
49.147(2)(a)2.
2. 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. A Wisconsin works agency may require a participant in a Wisconsin works employment position to engage in training activities in accordance with rules promulgated by the department as part of the participant's participation requirements.
49.147(2)(b)
(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. (3) to
(5).
49.147(3)(a)(a)
Administration. A Wisconsin works agency shall administer a trial job program as part of its administration of the Wisconsin works program to improve the employability of individuals who are not otherwise able to obtain unsubsidized employment, as determined by the Wisconsin works agency, by providing work experience and training to assist them to move promptly into unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement under this subsection over placements under
subs. (4) and
(5). The Wisconsin works agency shall pay a wage subsidy to an employer that employs a participant under this subsection and agrees to make a good faith effort to retain the participant as a permanent unsubsidized employe after the wage subsidy is terminated. The wage subsidy may not exceed $300 per month for full-time employment of a participant. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying $300 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.
49.147(3)(am)
(am)
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.
49.147(3)(b)
(b)
Worker's compensation. The employer shall provide the participant with worker's compensation coverage.
49.147(3)(c)
(c)
Time-limited participation. A participant under this subsection 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. The department or, with the approval of the department, the Wisconsin works agency 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.
49.147(4)(a)(a)
Administration. A Wisconsin works agency shall administer a community service job program as part of its administration of Wisconsin works to improve the employability of an individual who is not otherwise able to obtain sufficient employment, as determined by the Wisconsin works agency, by providing work experience and training, if necessary, to assist the individual to move promptly into unsubsidized public or private employment or a trial job. In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement under this subsection priority over a placement under
sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated by the projects. After every 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.
49.147(4)(b)1.1. `Required hours.' Except as provided in
subd. 1m., a participant under this paragraph may be required to participate in any of the following:
49.147(4)(b)1.a.
a. Education and training activities for not more than 10 hours per week assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this
subd. 1. a., which shall include a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this
subd. 1. a. shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
49.147(4)(b)1.b.
b. A community service job for not more than 30 hours per week.
49.147(4)(b)1.c.
c. For the first 2 weeks of participation under this paragraph, an assessment and motivational training program identified by the community steering committee under
s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than 40 hours of participation per week under this
subd. 1. c. in lieu of the participation requirements under
subd. 1. a. and
b.
49.147(4)(b)1m.
1m. `Education for 18-year-old and 19-year-old students.' A Wisconsin works agency shall permit a participant under this paragraph who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or enroll in a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation in a community service job under
subd. 1.
49.147(4)(b)2.
2. `Time-limited participation.' An individual may participate under this paragraph in a particular 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 under this paragraph, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency 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 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.
49.147(4)(b)3.
3. `Worker's compensation.' A participant under this paragraph is an employe 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.
49.147(4)(c)1.1. `Definition.' In this paragraph, "employer" means a nonprofit, nonstock corporation organized under
ch. 181 with which the Wisconsin works agency contracts under
subd. 1m. to provide employment to a participant.
49.147(4)(c)1g.
1g. `Limited scope.' The department shall permit this paragraph to be implemented by 2 Wisconsin works agencies in Milwaukee County that are selected by the department based on requests received by the department from those Wisconsin works agencies.
49.147(4)(c)1m.
1m. `Employment arrangement.' A Wisconsin works agency may contract with a nonprofit, nonstock corporation organized under
ch. 181 to provide employment to the participant. The contract shall require the Wisconsin works agency to reimburse the employer for the amounts paid by the employer for the wages and payroll taxes of the participant.
49.147(4)(c)2.
2. `Eligibility.' A Wisconsin works agency may not place an individual under this paragraph unless the individual is working at least 15 hours per week in an unsubsidized job.
49.147(4)(c)3.
3. `Work supplementation.' The Wisconsin works agency may require a participant under this paragraph to work not more than the lesser of the following in a community service job under this paragraph:
49.147(4)(c)3.b.
b. The difference between 40 hours and the number of hours that the participant works in an unsubsidized job.
49.147(4)(c)4.
4. `Time-limited participation.' An individual may participate under this paragraph in a particular community service job for a maximum of 3 months, with an opportunity for a one-month extension under circumstances approved by the department. An individual may participate in more than one community service job under this paragraph, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive. The department or, with the approval of the department, the Wisconsin works agency 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 unsubsidized employment and has been unable to find adequate 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.
49.147(4)(c)5.
5. `Worker's compensation.' The Wisconsin works agency shall provide the participant with worker's compensation coverage, except to the extent that the employer for whom the participant is performing work provides worker's compensation.
49.147(4)(c)6.
6. `Sunset.' This paragraph does not apply after September 30, 2001.
Effective date note
NOTE: Sub. (4) is shown as repealed and recreated eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(4) Community service job. (a) Administration. A Wisconsin works agency shall administer a community service job program as part of its administration of Wisconsin works to improve the employability of individuals who are not otherwise able to obtain employment, as determined by the Wisconsin works agency, by providing work experience and training to assist them to move promptly into unsubsidized public or private employment or a trial job. In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement under this subsection priority over placements under sub. (5). Community service jobs shall be limited to projects that the department determines would serve a useful public purpose or projects the cost of which is partially or wholly offset by revenue generated from such projects. 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.
Effective date text
(am) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
Effective date text
(as) Required hours. Except as provided in pars. (at) and (av), 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. A Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week.
Effective date text
(at) 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. 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. (as).
Effective date text
(av) Education for 18-year-old and 19-year-old students. A Wisconsin works agency shall permit a participant under this subsection who has not attained the age of 20 and who has not obtained a high school diploma or a declaration of equivalency of high school graduation to attend high school or enroll in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation to satisfy, in whole or in part, the required hours of participation in a community service job under par. (as).
Effective date text
(b) Time-limited participation. 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. The department or, with the approval of the department, the Wisconsin works agency 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 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.
Effective date text
(c) Worker's compensation. A participant under this subsection is an employe 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.
49.147(5)(a)(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. 49.145, any of the following conditions is met with respect to the individual:
49.147(5)(a)1.
1. The Wisconsin works agency determines, 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.
49.147(5)(a)2.
2. The Wisconsin works agency determines that the individual is needed in the home because of the illness or incapacity of another member of the Wisconsin works group.
49.147(5)(a)3.
3. The Wisconsin works agency determines that the individual is incapable of performing a trial job or community service job.
49.147(5)(b)1.1. The Wisconsin works agency shall assign a participant under this subsection to work activities such as a community rehabilitation program, as defined by the department, a job similar to a community service job or a volunteer activity. A Wisconsin works agency may require a participant under this subsection to participate in any of the following:
49.147(5)(b)1.a.
a. An alcohol and other drug abuse evaluation, assessment and treatment program.
49.147(5)(b)1.c.
c. Mental health activities, as defined by the department by rule.
49.147(5)(b)1.e.
e. Other activities that the Wisconsin works agency determines are consistent with the capabilities of the individual.
49.147(5)(b)2.
2. 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.
49.147(5)(bm)
(bm)
Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
49.147(5)(bs)
(bs)
Required hours. Except as provided in
par. (bt), 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. A Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under
par. (bm) for not more than 12 hours per week.
49.147(5)(bt)
(bt)
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. 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. (bs).
49.147(5)(c)
(c)
Worker's compensation. A participant under this subsection is an employe 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.
49.147(6)(a)(a)
Additional eligibility criteria. An individual is eligible to receive a job access loan if, in addition to meeting the eligibility requirements under
s. 49.145, all of the following conditions are met with respect to the individual:
49.147(6)(a)1.
1. The individual needs the loan to address an immediate and discrete financial crisis. The crisis may not be the result of the individual's failure to accept a bona fide offer of employment or the individual's termination of a job without good cause.
49.147(6)(a)2.
2. The individual needs the loan to obtain or continue employment. Fulfillment of this requirement includes a loan that is needed to repair a vehicle that is needed to obtain or continue employment.
49.147(6)(a)3.
3. The individual is not in default with respect to the repayment of any previous job access loan or repayment of any grant or wage overpayments under this section.
49.147(6)(b)
(b)
Terms. The department shall promulgate rules establishing the terms of any job access loan, including all of the following:
49.147(6)(b)1.
1. The maximum and minimum loan amounts in any 12-month period.
49.147(6)(b)3.
3. The terms and conditions of repayment. The rules promulgated under this subdivision shall provide for repayment by performance of in-kind services. The rules shall establish criteria that the Wisconsin works agency shall use to approve in-kind repayment of loans.
49.147(6)(c)
(c)
Distribution and administration. From the appropriations under
s. 20.445 (3) (e),
(jL) and
(md), the department shall distribute funds for job access loans to a Wisconsin works agency, which shall administer the loans in accordance with rules promulgated by the department.
49.147(6)(d)
(d)
Minor custodial parents. An individual who would be eligible for a job access loan under
par. (a), except that the individual has not attained the age of 18, is eligible under this paragraph if the individual meets the following requirements:
49.147(6)(d)1.
1. The individual is in an out-of-home placement or independent living arrangement supervised by an adult, as defined by the department.
49.147(6)(d)2.
2. The individual has graduated from high school or has met the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation under
s. 115.29 (4).
49.147(6)(d)3.
3. The individual will be 18 years old within 2 months after applying for the job access loan.
49.147 History
History: 1995 a. 289;
1997 a. 27.
49.148
49.148
Wisconsin works; wages and benefits. 49.148(1)(1)
Benefit levels for participants in employment positions. A participant in a Wisconsin works employment position shall receive the following benefits:
49.148(1)(a)
(a)
Trial jobs. For a participant in a trial job, the amount established in the contract between the Wisconsin works agency and the trial job employer, but not less than minimum wage for every hour actually worked in the trial job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under
s. 49.147 (3) (am) shall be included in determining the number of hours actually worked.
49.148(1)(b)1.1. For a participant in a community service job under
s. 49.147 (4) (b), a monthly grant of $673, paid by the Wisconsin works agency or by the department under
sub. (2). For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job under
s. 49.147 (4) (b) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in
s. 49.147 (1) (c), the grant amount under this paragraph may be reduced by an amount equal to the product of $5.15 and the difference between 30 and the number of hours the participant is required to work.
49.148 Note
NOTE: There is no s. 49.148 (2).
49.148(1)(b)2.
2. For a participant in a community service job under
s. 49.147 (4) (c), minimum wage for every hour actually worked in the community service job, not to exceed 15 hours per week, paid by the employer, as defined in
s. 49.147 (4) (c) 1.
