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.
Effective date note
NOTE: Par. (b) is shown as affected eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(b) Community service jobs. For a participant in a community service job, 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 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(1)(c)
(c)
Transitional placements. For a participant in a transitional placement, a grant of $628, paid monthly by the Wisconsin works agency or by the department under
sub. (2). For every hour that the participant fails to participate in any required activity without good cause, including any activity under
s. 49.147 (5) (b) 1. a. to
e., 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.
49.148 Note
NOTE: There is no s. 49.148 (2).
49.148(1m)(a)(a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under
s. 49.145 (2) and
(3) may receive a monthly grant of $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in
s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under
s. 49.145 (2) (n) or
49.147 (3) (c),
(4) (b) 2. or
(c) 4. or
(5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under
s. 49.19 or for a Wisconsin works employment position.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.
49.148(1m)(b)
(b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under
ss. 49.145 (2) (n) and
49.147 (3) (c),
(4) (b) 2. or
(c) 4. or
(5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under
s. 49.19 or for a Wisconsin works employment position unless the child was conceived as a result of a sexual assault in violation of
s. 940.225 (1),
(2) or
(3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of
s. 944.06 or
948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position unless the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
49.148(4)(a)(a) A Wisconsin works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works agency shall decrease the presanction benefit amount for that participant by not more than 15% for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works agency shall discontinue the reduction under this paragraph.
49.148(4)(b)
(b) The Wisconsin works agency may require an individual who tests positive for use of a controlled substance under
par. (a) to participate in a drug abuse evaluation, assessment and treatment program as part of the participation requirement under
s. 49.147 (4) (as) or (5) (bs).
49.148(4)(c)
(c) Paragraph (a) does not apply if the participant was convicted more than 5 years prior to the date on which the participant applied for a Wisconsin works employment position.
49.148 History
History: 1995 a. 289;
1997 a. 27.
49.149
49.149
Wisconsin works; education and training. A Wisconsin works agency shall do all of the following:
49.149(1)
(1) Establish a referral relationship with other employment and training programs for participants to make use of varied education and training opportunities available through integrated job centers, as defined by the department by rule.
49.149(3)
(3) Encourage employers to make training sites available on the business site for participants.
49.149(4)
(4) Work with the department of commerce to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under
subch. VI of ch. 560.
49.149 History
History: 1995 a. 289.
49.15
49.15
Wisconsin works; 2-parent families. 49.15(1)
(1)
Definition. In this section, "other parent" means a parent who is not a participant in a Wisconsin works employment position.
49.15(2)
(2) Requirements for nonparticipant parent. 49.15(2)(a)(a) If a participant in a Wisconsin works employment position resides with the other parent of a dependent child with respect to whom the participant is a custodial parent, the other parent shall participate in activities described under
sub. (3) if the Wisconsin works group receives federally funded child care assistance on behalf of the dependent child. The other parent shall participate in activities described under
sub. (3) for a number of hours per week that is at least equal to the difference between 55 hours and the sum of the number of hours that the participant in the Wisconsin works employment position participates in the Wisconsin works employment position and the number of hours that the participant in the Wisconsin works employment position participates in any activity described in
sub. (3) during that week.
49.15(2)(b)
(b) Paragraph (a) does not apply if the other parent is disabled, as defined by the department, or is caring for a severely disabled child, as defined by the department.
49.15(3)
(3) Prescribed work activities. An individual who is subject to the work requirement under
sub. (2) may satisfy the requirement only by participating in any of the following activities:
49.15 Note
NOTE: Section 49.147 (1) (a) was renumbered 49.147 (1) (c) by
1997 Act 27.
49.15(3)(b)
(b) Subsidized employment, as defined by the department.
49.15(3)(c)
(c) If sufficient private sector employment is not available, work experience, as defined by the department.
49.15(3)(d)
(d) On-the-job training, as defined by the department.
49.15(3)(e)
(e) A community service program, as defined by the department.
49.15 History
History: 1997 a. 27.
49.151
49.151
Wisconsin works; sanctions. 49.151(1)
(1)
Refusal to participate. A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant is also ineligible to participate in that Wisconsin works employment position component if an individual in the participant's Wisconsin works group is subject to the work requirement under
s. 49.15 (2) and refuses 3 times to participate as required. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant or an individual who is subject to the work requirement under
s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:
49.151(1)(a)
(a) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.
49.151(1)(b)
(b) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), fails, without good cause, as determined by the Wisconsin works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, the participant fails to appear for an assigned activity, including an activity under
s. 49.147 (5) (b) 1. a. to
e., without good cause, as determined by the Wisconsin works agency.
49.151(1)(c)
(c) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.
49.151(1)(d)
(d) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), loses employment as a result of being discharged for cause.
49.151(1)(e)
(e) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.
49.151(2)
(2) Intentional program violations. If a court finds or it is determined after an administrative hearing that an individual who is a member of a Wisconsin works group applying for or receiving benefits under
ss. 49.141 to
49.161, for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, any provision in
ss. 49.141 to
49.161 or any rule promulgated under those sections, the Wisconsin works agency may permanently deny benefits under
ss. 49.141 to
49.161 to the individual.
49.151 History
History: 1995 a. 289;
1997 a. 27.
49.152
49.152
Review of agency decisions. 49.152(1)
(1)
Petition for review. Any individual whose application for any component of Wisconsin works is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or that the employment position in which the individual was placed is inappropriate, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.
49.152(2)(a)(a) Upon a timely petition under
sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:
49.152(2)(a)2.
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.
49.152(2)(b)
(b) The department may review a decision of a Wisconsin works agency under
par. (a) if any of the following occurs:
49.152(2)(b)1.
1. Within 21 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.
49.152(2)(b)2.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
49.152(2)(c)
(c) The department shall review a Wisconsin works agency's decision to deny an application based solely on a determination of financial ineligibility if any of the following occurs:
