AB591-ASA2,50,63
(g) The individual furnishes the Wisconsin works agency with any relevant
4information that the Wisconsin works agency determines is necessary, consistent
5with rules promulgated by the department, within 7 working days after receiving a
6request for the information from the Wisconsin works agency.
AB591-ASA2,50,107
(h) The individual has made a good faith effort, as determined by the Wisconsin
8works agency on a case-by-case basis, to obtain employment and has not refused any
9bona fide offer of employment within the 180 days immediately preceding
10application.
AB591-ASA2,50,1411
(hm) If the individual has applied for Wisconsin works within the 180 days
12immediately preceding the current application, the individual has cooperated with
13the efforts of a Wisconsin works agency to assist the individual in obtaining
14employment.
AB591-ASA2,50,1615(i) The individual is not receiving supplemental security income under
42 USC
161381 to
1383c or state supplemental payments under s. 49.77.
AB591-ASA2,50,1717
(j) On the last day of the month, the individual is not participating in a strike.
AB591-ASA2,50,1918
(k) The individual applies for or provides a social security account number as
19required by the department.
AB591-ASA2,50,2120
(L) The individual satisfies other eligibility criteria established by the
21department.
AB591-ASA2,50,2322
(m) The individual reports any change in circumstances that may affect his or
23her eligibility to the Wisconsin works agency within 10 days after the change.
AB591-ASA2,51,824
(n) Beginning on the date on which the individual has attained the age of 18,
25the total number of months in which the individual has actively participated in the
1job opportunities and basic skills program under s. 49.193 or has participated in a
2Wisconsin works employment position or both does not exceed 60 months. The
3months need not be consecutive. Participation in the job opportunities and basic
4skills program under s. 49.193 counts toward the 60-month limit beginning on the
5effective date of this paragraph .... [revisor inserts date]. A Wisconsin works agency
6may waive the requirements under this paragraph if the Wisconsin works agency
7determines, in accordance with rules promulgated by the department, that unusual
8circumstances exist that warrant an extension of the participation period.
AB591-ASA2,51,119
(q) No other individual in the Wisconsin works group is a participant in a
10Wisconsin works employment position. This paragraph does not apply to an
11individual applying for a job access loan.
AB591-ASA2,51,14
12(3) Financial eligibility requirements. An individual is eligible for a
13Wisconsin works employment position and a job access loan only if all of the following
14financial eligibility requirements are met:
AB591-ASA2,51,1915
(a)
Resource limitations. The individual is a member of a Wisconsin works
16group whose assets do not exceed $2,500 in combined equity value. In determining
17the combined equity value of assets, the Wisconsin works agency shall exclude the
18equity value of vehicles up to a total equity value of $10,000, and one home that
19serves as the homestead for the Wisconsin works group.
AB591-ASA2,51,2320
(b)
Income limitations. The individual is a member of a Wisconsin works group
21whose gross income is at or below 115% of the poverty line. In calculating gross
22income under this paragraph, the Wisconsin works agency shall include all of the
23following:
AB591-ASA2,52,324
1. All earned and unearned income of the individual, except any amount
25received under section
32 of the internal revenue code, as defined in s. 71.01 (6), any
1amount received under s. 71.07 (9e), any payment made by an employer under
2section
3507 of the internal revenue code, as defined in s. 71.01 (6), and any
3assistance received under s. 49.148.
AB591-ASA2,52,54
2. Child support payments received on behalf of a child who is a member of the
5Wisconsin works group.
AB591-ASA2,52,76
3. The income of a nonmarital coparent or of the individual's spouse, if the
7spouse resides in the same home as the dependent child.
AB591-ASA2,52,12
8(4) Review of eligibility. A Wisconsin works agency shall periodically review
9an individual's eligibility. The individual remains eligible under sub. (3) until the
10Wisconsin works group's assets exceed the asset limits for at least 2 months or until
11the income of the Wisconsin works group is expected to exceed the income limits for
12at least 2 consecutive months.
AB591-ASA2,52,18
1449.146 Employer criteria. The department shall establish by rule criteria
15that an employer providing a Wisconsin works employment position
must meet in
16order to employ a participant under s. 49.147 (3) to (5). An employer that does not
17meet the criteria established under this section is ineligible to receive any subsidy
18for any position provided to a participant.
AB591-ASA2,52,23
2049.147 Wisconsin works; work programs and job access loans. (1)
21General provisions. (a)
Definition. In this section, "unsubsidized employment"
22means employment for which the Wisconsin works agency provides no wage subsidy
23to the employer including self-employment and entrepreneurial activities.
AB591-ASA2,53,224
(b)
Required hours. The Wisconsin works agency shall determine the
25maximum number of hours a participant may be required to work in a community
1service job or transitional placement in accordance with criteria established by the
2department by rule, not to exceed 40 hours per week.
AB591-ASA2,53,10
3(2) Unsubsidized employment. (a)
Job search, orientation and training
4activities. 1. An individual who applies for a Wisconsin works employment position
5may be required by the Wisconsin works agency to search for unsubsidized
6employment during the period that his or her application is being processed as a
7condition of eligibility. A participant in a Wisconsin works employment position shall
8search for unsubsidized employment throughout his or her participation. The
9department shall define by rule satisfactory search efforts for unsubsidized
10employment.
AB591-ASA2,53,1611
2. A Wisconsin works agency may require an applicant for a Wisconsin works
12employment position to participate in job orientation during the period that his or
13her application is being processed as a condition of eligibility. A Wisconsin works
14agency may require a participant in a Wisconsin works employment position to
15engage in training activities in accordance with rules promulgated by the
16department as part of the participant's participation requirements.
AB591-ASA2,53,2017
(b)
Job search assistance. A Wisconsin works agency shall assist a participant
18in his or her search for unsubsidized employment. In determining an appropriate
19placement for a participant, a Wisconsin works agency shall give priority to
20placement in unsubsidized employment over placements under subs. (3) to (5).
AB591-ASA2,54,14
21(3) Trial jobs. (a)
Administration. A Wisconsin works agency shall administer
22a trial job program as part of its administration of the Wisconsin works program to
23improve the employability of individuals who are not otherwise able to obtain
24unsubsidized employment, as determined by the Wisconsin works agency, by
25providing work experience and training to assist them to move promptly into
1unsubsidized employment. In determining an appropriate placement for a
2participant, a Wisconsin works agency shall give priority to placement under this
3subsection over placements under subs. (4) and (5). The Wisconsin works agency
4shall pay a wage subsidy to an employer that employs a participant under this
5subsection and agrees to make a good faith effort to retain the participant as a
6permanent unsubsidized employe after the wage subsidy is terminated. The
7department shall promulgate rules establishing standards which must be met in
8order for an employer to demonstrate a good faith effort to retain the participant as
9a permanent employe. The wage subsidy may not exceed $300 per month for
10full-time employment of a participant. For less than full-time employment of a
11participant during a month, the wage subsidy may not exceed a dollar amount
12determined by multiplying $300 by a fraction, the numerator of which is the number
13of hours worked by the participant in the month and the denominator of which is the
14number of hours which would be required for full-time employment in that month.
AB591-ASA2,54,1715
(am)
Education or training activities. A trial job includes education and
16training activities, as prescribed by the employer as an integral part of work
17performed in the trial job employment.
AB591-ASA2,54,1918
(b)
Worker's compensation. The employer shall provide the participant with
19worker's compensation coverage.
AB591-ASA2,55,520
(c)
Time-limited participation. A participant under this subsection may
21participate in a trial job for a maximum of 3 months, with an opportunity for a
223-month extension under circumstances determined by the Wisconsin works agency.
23A participant may participate in more than one trial job, but may not exceed a total
24of 24 months of participation under this subsection. The months need not be
25consecutive. The department or, with the approval of the department, the Wisconsin
1works agency may grant an extension of the 24-month limit on a case-by-case basis
2if the participant has made all appropriate efforts to find unsubsidized employment
3and has been unable to find unsubsidized employment because local labor market
4conditions preclude a reasonable job opportunity for that participant, as determined
5by a Wisconsin works agency and approved by the department.
AB591-ASA2,55,19
6(4) Community service job. (a)
Administration. A Wisconsin works agency
7shall administer a community service job program as part of its administration of
8Wisconsin works to improve the employability of individuals who are not otherwise
9able to obtain employment, as determined by the Wisconsin works agency, by
10providing work experience and training to assist them to move promptly into
11unsubsidized public or private employment or a trial job. In determining an
12appropriate placement for a participant, a Wisconsin works agency shall give
13placement under this subsection priority over placements under sub. (5).
14Community service jobs shall be limited to projects that the department determines
15would serve a useful public purpose or projects the cost of which is partially or wholly
16offset by revenue generated from such projects. After each 6 months of an
17individual's participation under this subsection and at the conclusion of each
18assignment under this subsection, a Wisconsin works agency shall reassess the
19individual's employability.
AB591-ASA2,55,2320
(am)
Education or training activities. A community service job includes
21education and training activities, if the education or training is related to the
22community service job placement and if the education or training is expected to
23result in unsubsidized employment.
AB591-ASA2,56,1224
(b)
Time-limited participation. An individual may participate in a community
25service job for a maximum of 6 months, with an opportunity for a 3-month extension
1under circumstances approved by the department. An individual may participate
2in more than one community service job, but may not exceed a total of 24 months of
3participation under this subsection. The months need not be consecutive. The
4department or, with the approval of the department, the Wisconsin works agency
5may grant an extension to the 24-month limit on a case-by-case basis if the
6Wisconsin works agency determines that the individual has made all appropriate
7efforts to find unsubsidized employment and has been unable to find unsubsidized
8employment because local labor market conditions preclude a reasonable
9employment opportunity in unsubsidized employment for that participant, as
10determined by a Wisconsin works agency and approved by the department, and if the
11Wisconsin works agency determines, and the department agrees, that no trial job
12opportunities are available in the specified local labor market.
AB591-ASA2,56,1613
(c)
Worker's compensation. A participant under this subsection is an employe
14of the Wisconsin works agency for purposes of worker's compensation coverage,
15except to the extent that the person for whom the participant is performing work
16agrees to provide worker's compensation coverage.
AB591-ASA2,56,20
17(5) Transitional placement. (a)
Additional eligibility criteria. An individual
18is eligible to participate in a transitional placement under this subsection if, in
19addition to meeting the eligibility requirements under s. 49.145, any of the following
20conditions is met with respect to the individual:
AB591-ASA2,56,2421
1. The Wisconsin works agency determines, on the basis of an independent
22assessment by the division of vocational rehabilitation or similar agency or business,
23that the individual has been incapacitated, or will be incapacitated, for a period of
24at least 60 days.
AB591-ASA2,57,3
12. The Wisconsin works agency determines that the individual is needed in the
2home because of the illness or incapacity of another member of the Wisconsin works
3group.
AB591-ASA2,57,54
3. The Wisconsin works agency determines that the individual is incapable of
5performing a trial job or community service job.
AB591-ASA2,57,106
(b)
Administration. 1. The Wisconsin works agency shall assign a participant
7under this subsection to work activities such as a community rehabilitation program,
8as defined by the department, a job similar to a community service job or a volunteer
9activity. A Wisconsin works agency may require a participant under this subsection
10to participate in any of the following:
AB591-ASA2,57,1211
a. An alcohol and other drug abuse evaluation, assessment and treatment
12program.
AB591-ASA2,57,1313
c. Mental health activities, as defined by the department by rule.
AB591-ASA2,57,1414
d. Counseling or physical rehabilitation activities.
AB591-ASA2,57,1615
e. Other activities that the Wisconsin works agency determines are consistent
16with the capabilities of the individual.
AB591-ASA2,57,2017
2. An individual may participate in a transitional placement for a maximum
18of 24 months. The months need not be consecutive. This period may be extended on
19a case-by-case basis by the department or by the Wisconsin works agency with the
20approval of the department.
AB591-ASA2,57,2321
(bm)
Education or training activities. Work activities under a transitional
22placement include education or training activities assigned by the Wisconsin works
23agency as part of a self-sufficiency plan.
AB591-ASA2,58,224
(c)
Worker's compensation. A participant under this subsection is an employe
25of the Wisconsin works agency for purposes of worker's compensation coverage,
1except to the extent that the person for whom the participant is performing work
2agrees to provide worker's compensation coverage.
AB591-ASA2,58,5
3(6) Job access loan. (a)
Additional eligibility criteria. An individual is eligible
4to receive a job access loan if, in addition to meeting the eligibility requirements
5under s. 49.145, all of the following conditions are met with respect to the individual:
AB591-ASA2,58,86
1. The individual needs the loan to address an immediate and discrete financial
7crisis. The crisis may not be the result of the individual's failure to accept a bona fide
8offer of employment or the individual's termination of a job without good cause.
AB591-ASA2,58,99
2. The individual needs the loan to obtain or continue employment.
AB591-ASA2,58,1110
3. The individual is not in default with respect to the repayment of any previous
11job access loan or repayment of any grant or wage overpayments under this section.
AB591-ASA2,58,1212
4. The individual is not a migrant worker.
AB591-ASA2,58,1413
(b)
Terms. The department shall promulgate rules establishing the terms of
14any job access loan, including all of the following:
AB591-ASA2,58,1515
1. The maximum and minimum loan amounts in any 12-month period.
AB591-ASA2,58,1616
2. The method of loan disbursement.
AB591-ASA2,58,1717
3. The terms and conditions of repayment.
AB591-ASA2,58,2118
(c)
Distribution and administration. From the appropriation under s. 20.445
19(3) (dz), the department shall distribute funds for job access loans to a Wisconsin
20works agency, which shall administer the loans in accordance with rules
21promulgated by the department.
AB591-ASA2,58,2422
(d)
Minor custodial parents. An individual who would be eligible for a job access
23loan under par. (a), except that the individual has not attained the age of 18, is
24eligible under this paragraph if the individual meets the following requirements:
AB591-ASA2,59,2
11. The individual is in an out-of-home placement or independent living
2arrangement supervised by an adult, as defined by the department.
AB591-ASA2,59,53
2. The individual has graduated from high school or has met the standards
4established by the secretary of education for the granting of a declaration of
5equivalency of high school graduation under s. 115.29 (4).
AB591-ASA2,59,76
3. The individual will be 18 years old within 2 months after applying for the
7job access loan.
AB591-ASA2,59,11
949.148 Wisconsin works; benefits for participants in employment
10positions. (1) Benefit levels. A participant in a Wisconsin works employment
11position shall receive the following benefits:
AB591-ASA2,59,1712
(a)
Trial jobs. For a participant in a trial job, the amount established in the
13contract between the Wisconsin works agency and the trial job employer, but not less
14than minimum wage for every hour actually worked in the trial job, not to exceed 40
15hours per week paid by the employer. Hours spent participating in education and
16training activities under s. 49.147 (3) (am) shall be included in determining the
17number of hours actually worked.
AB591-ASA2,59,2418
(b)
Community service jobs. 1. For a participant in a community service job,
19a monthly grant equal to 75% of the minimum wage computed for one month of
20full-time employment, paid by the Wisconsin works agency. For every hour that the
21participant misses work without good cause, the Wisconsin works agency shall
22reduce the grant amount by an amount equal to 75% of minimum wage computed for
23one hour. Good cause shall be determined by the financial and employment planner
24in accordance with rules promulgated by the department.
AB591-ASA2,60,5
12. A participant who is a custodial parent of a child who is 12 weeks old or less
2may receive a monthly grant under this paragraph equal to 75% of the minimum
3wage computed for a month of full-time employment. A Wisconsin works agency
4may not require a participant under this subdivision to participate in any
5employment activities.
AB591-ASA2,60,156
(c)
Transitional placements. For a participant in a transitional placement, a
7grant equal to 70% of the minimum wage computed for one month of full-time
8employment, paid monthly by the Wisconsin works agency. For every hour that the
9participant fails to participate in any required activity without good cause, including
10any activity under s. 49.147 (5) (b) 1. a. to e., the Wisconsin works agency shall reduce
11the grant amount by an amount equal to 70% of minimum wage computed for one
12hour. No grant may be paid for a month in which the participant participates less
13than 25% of the required hours without good cause. Good cause shall be determined
14by the financial and employment planner in accordance with rules promulgated by
15the department.
AB591-ASA2,60,18
16(2) Benefit review. Notwithstanding sub. (1), the department may promulgate
17rules establishing benefit levels for participants in Wisconsin works employment
18positions that are different from those specified under sub. (1).
AB591-ASA2,60,22
19(3) Wisconsin works health plan. A participant in a Wisconsin works
20employment position shall participate in the Wisconsin works health plan under s.
2149.153. The participant shall pay a premium in an amount and in the manner
22established under s. 49.153 (4) (d).
AB591-ASA2,60,25
2449.149 Wisconsin works; education and training. A Wisconsin works
25agency shall do all of the following:
AB591-ASA2,61,3
1(1) Establish a referral relationship with other employment and training
2programs for participants to make use of varied education and training opportunities
3available through integrated job centers, as defined by the department by rule.
AB591-ASA2,61,5
4(2) Provide participants in a Wisconsin works employment position with
5soft-skills and life-skills training, as defined by the department by rule.
AB591-ASA2,61,7
6(3) Encourage employers to make training sites available on the business site
7for participants.
AB591-ASA2,61,10
8(4) Work with the department of commerce to coordinate the provision of
9training to participants in conjunction with employers eligible for the development
10zone program under subch. VI of ch. 560.
AB591-ASA2,61,20
1249.151 Wisconsin works; sanctions. (1) Refusal to participate. A
13participant who refuses to participate 3 times in any Wisconsin works employment
14position component is ineligible to participate in that component.
A participant
15whom the Wisconsin works agency has determined is ineligible under this section for
16a particular Wisconsin works employment position component may be eligible to
17participate in any other Wisconsin works employment position component in which
18the participant has not refused to participate 3 times. A participant refuses to
19participate in a Wisconsin works employment position component if the participant
20does any of the following:
AB591-ASA2,61,2221
(a) Expresses verbally or in writing to a Wisconsin works agency that he or she
22refuses to participate.
AB591-ASA2,62,223
(b) Fails to appear for an interview with a prospective employer or, if the
24participant is in a Wisconsin works transitional placement, fails to appear for an
1assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e., without good
2cause, as determined by the Wisconsin works agency.
AB591-ASA2,62,43
(c) Voluntarily leaves appropriate employment or training without good cause,
4as determined by the Wisconsin works agency.
AB591-ASA2,62,55
(d) Loses employment as a result of being discharged for cause.
AB591-ASA2,62,86
(e) Demonstrates through other behavior or action, as specified by the
7department by rule, that he or she refuses to participate in a Wisconsin works
8employment position.
AB591-ASA2,62,16
9(2) Intentional program violations. If a court finds or it is determined after
10an administrative hearing that an individual who is a member of a Wisconsin works
11group applying for or receiving benefits under ss. 49.141 to 49.161, for the purpose
12of establishing or maintaining eligibility for those benefits or for the purpose of
13increasing the value of those benefits, has intentionally violated, on 3 separate
14occasions, any provision in ss. 49.141 to 49.161 or any rule promulgated under those
15sections, the Wisconsin works agency may permanently deny benefits under ss.
1649.141 to 49.161 to the individual.
AB591-ASA2,62,25
1849.152 Review of agency decisions. (1) Petition for review. Any
19individual whose application for Wisconsin works under s. 49.147 (1) to (5) is not
20acted upon by the Wisconsin works agency with reasonable promptness after the
21filing of the application, as defined by the department by rule, or is denied in whole
22or in part, whose benefit is modified or canceled, or who believes that the benefit was
23calculated incorrectly, may petition the Wisconsin works agency for a review of such
24action. Review is unavailable if the action by the Wisconsin works agency occurred
25more than 45 days prior to submission of the petition for review.
AB591-ASA2,63,6
1(2) Review. (a) Upon a timely petition under sub. (1), the Wisconsin works
2agency shall give the applicant or participant reasonable notice and opportunity for
3a review. The Wisconsin works agency shall render its decision as soon as possible
4after the review and shall send a certified copy of its decision to the applicant or
5participant. The Wisconsin works agency shall deny a petition for a review or shall
6refuse to grant relief if the petitioner does any of the following:
AB591-ASA2,63,77
1. Withdraws the petition in writing.
AB591-ASA2,63,108
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear
9in person or by representative at a scheduled review without good cause, as defined
10by the department by rule.
AB591-ASA2,63,1211
(b) The department may review a decision of a Wisconsin works agency under
12par. (a) if any of the following occurs:
AB591-ASA2,63,1413
1. Within 15 days of receiving the decision of the Wisconsin works agency the
14applicant or participant petitions the department for a review of that decision.
AB591-ASA2,63,1615
2. The Wisconsin works agency requests the department to review the decision
16of the Wisconsin works agency.