49.147(3m)(c)
(c)
Employer subsidies and reimbursements. The Wisconsin Works agency shall pay an employer that employs a participant under this subsection a monthly wage subsidy that does not exceed the federal minimum wage for no more than 30 hours of work per week. Worksite training activities prescribed by the employer that are consistent with training provided to other employees at the worksite are considered work for purposes of calculating the wage subsidy under this paragraph. In addition to the wage subsidy, the Wisconsin Works agency shall reimburse the employer for up to 100 percent of all of the following costs that are attributable to employment of the participant:
49.147(3m)(c)2.
2. State and federal unemployment contributions or taxes, if any.
49.147(3m)(d)
(d)
Time-limited participation and payment extension. An individual may participate in the project under this subsection for a maximum of 6 months, with an opportunity for an extension of up to 3 months. Notwithstanding the ending date for the project, payments under
par. (c) for any participant who is accepted into the project before December 31, 2009, shall be made until the participant completes his or her 6-month participation period or any extension to it already commenced before that date.
49.147(3m)(e)
(e)
Mentors and stipends. The Wisconsin Works agency and employer of a participant under this subsection shall work together to find a mentor for the participant at the participant's work site. The Wisconsin Works agency shall pay each mentor a monthly stipend of $50.
49.147(3m)(f)
(f)
Employer effort to retain, refer, or evaluate participant. An employer that employs a participant under this subsection and receives a wage subsidy shall agree to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy ends if the participant successfully completes participation in the project under this subsection. An employer shall also agree that, if the employer does not retain a participant as a permanent unsubsidized employee, the employer will serve as an employment reference for the participant or provide to the Wisconsin Works agency a written performance evaluation of the participant, including recommendations for improvements.
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 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 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.
49.147(4)(am)
(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, employer-sponsored training, 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(4)(as)
(as)
Required hours. Except as provided in
pars. (at) and
(av) and
sub. (5m), a Wisconsin Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin Works agency to be appropriate for the participant at the time of application or review and may require a participant to participate in education or training activities for not more than 10 hours per week, except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.
49.147(4)(at)
(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).
49.147(4)(av)
(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, at the option of the participant, to 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 participation requirement under
par. (as).
49.147(4)(b)
(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.
49.147(4)(c)
(c)
Worker's compensation. A participant under this subsection is an employee 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(4m)
(4m) Subsidized private sector employment. 49.147(4m)(a)(a) Subject to
pars. (b) and
(cm), the department shall establish and administer a subsidized private sector employment program, under which participants shall be paid the benefits under
s. 49.148 (1) (d) for work in 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. An individual may participate in a project under this subsection for a maximum of 6 months, with an opportunity for an extension.
49.147(4m)(b)
(b) Subject to
par. (cm), the department shall begin operating the program under this subsection only if all of the following occur:
49.147(4m)(b)1.
1. The secretary structures the subsidized private sector employment program in such a manner that the total cost for a participant in the program under this subsection does not exceed what the total cost would be for the participant in the community service job program administered under
sub. (4).
49.147(4m)(b)2.
2. The secretary determines that the cash flow to a participant in the subsidized private sector employment program under this subsection, including the advance payment of any tax credit, is not less than what the cash flow would be to the participant in the community service job program administered under
sub. (4).
49.147(4m)(b)3.
3. The secretary determines that administering the subsidized private sector employment program in the manner provided under this subsection is permitted under federal law or under a waiver, or an amendment to a waiver, approved by the federal department of health and human services for the operation of Wisconsin Works.
49.147(4m)(c)1.1. If the secretary of children and families determines that a waiver, or an amendment to a waiver, is necessary to administer the subsidized private sector employment program in the manner provided under this subsection, the secretary of children and families shall no later than September 30, 2009, request the waiver or the amendment to the waiver from the secretary of the federal department of health and human services to permit the secretary of children and families to administer the subsidized private sector employment program in the manner provided under this subsection.
49.147(4m)(c)2.
2. If the secretary determines that administering the subsidized private sector employment program in the manner provided under this subsection would necessitate changes in the federal Temporary Assistance for Needy Families block grant program legislation under
42 USC 601 et seq., the secretary shall pursue the necessary changes to the federal legislation.
49.147(4m)(cm)1.1. Except as provided in
subd. 2., the department may not begin operating the program under this subsection before January 1, 2011.
49.147(4m)(cm)2.
2. If the department determines that a waiver, an amendment to a waiver, or changes in the federal Temporary Assistance for Needy Families block grant program legislation are necessary for administering the subsidized private sector employment program in the manner provided under this section, the department may not begin operating the program under this subsection before the later of the following:
49.147(4m)(cm)2.a.
a. The waiver or waiver amendment is approved and in effect or the federal legislation changes are adopted and in effect, or both, whichever is applicable.
49.147(4m)(d)1.1. The department shall promulgate rules for the establishment and administration of the program under this subsection.
49.147(4m)(d)2.
2. The department may promulgate emergency rules under
s. 227.24 for the establishment and administration of this subsection for the period before the effective date of any permanent rules promulgated under
subd. 1., but not to exceed the period authorized under
s. 227.24 (1) (c) and
(2). Notwithstanding
s. 227.24 (1) (a),
(2) (b), and
(3), the department is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subdivision.
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.b.
b. Mental health activities, as defined by the department by rule.
49.147(5)(b)1.d.
d. 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, employer-sponsored training, 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) and
sub. (5m), a Wisconsin Works agency may require a participant placed in a transitional placement to participate in education or training activities for not more than 12 hours per week and to engage in activities under
par. (b) 1., but may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.
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 employee 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(5m)(a)(a) To the extent permitted under
42 USC 607, and except as provided in
par. (bL), a participant under
sub. (4) or
(5) may participate in a technical college education program as part of a community service job placement or transitional placement if all of the following requirements are met:
49.147(5m)(a)1.
1. The Wisconsin works agency, in consultation with the community steering committee established under
s. 49.143 (2) (a) and the technical college district board, determines that the technical college education program is likely to lead to employment.
49.147(5m)(a)2.
2. The participant maintains full-time status in the technical college education program, as determined by the technical college that the participant attends, and regularly attends all classes.
49.147(5m)(a)3.
3. The participant maintains a grade point average of at least 2.0, or the equivalent as determined by the technical college.
49.147(5m)(a)4.
4. The participant is employed or engages in work under a community service job or transitional placement for 25 hours per week in addition to participation under this subsection.
49.147(5m)(bL)
(bL) A participant may participate under this subsection for the duration of the technical college education program, except that the participant may not participate under this subsection for more than 2 years.
49.147(5m)(c)
(c) The Wisconsin works agency shall work with the community steering committee established under
s. 49.143 (2) (a) and the technical college district board to monitor the participant's progress in the technical college education program and the effectiveness of the program in leading to employment.
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 or purchase 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 appropriation under
s. 20.437 (2) (jL), 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)(cm)1.1. The department may, in the manner provided in
s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department shall credit all delinquent repayments collected by the department of revenue as a setoff under
s. 71.93 to the appropriation account under
s. 20.437 (2) (jL). Use of the process under
s. 49.85 does not preclude the department from collecting delinquent repayments through other legal means.
49.147(6)(cm)2.
2. Subdivision 1. applies to delinquent repayments existing on or after July 26, 2003, regardless of when the loan was made or when the delinquency accrued.
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 Cross-reference
Cross-reference: See also ss.
DCF 101.16 and
101.17, Wis. adm. code.
49.147 Annotation
Placement in unsubsidized employment, by its definition, requires that there be employment. Employment is not an ambiguous term. A placement requiring employment cannot be construed to be appropriate for individuals who are unemployed but ready for employment. Weston v. Department of Workforce Development,
2007 WI App 167,
304 Wis. 2d 418,
737 N.W.2d 74,
06-1276.
49.1473
49.1473
Wisconsin works; domestic abuse screening and training. 49.1473(1)(a)
(a) The department shall promulgate rules for screening victims of domestic abuse and for the training of Wisconsin works agency employees in domestic abuse issues. The rules shall allow an individual to voluntarily and confidentially disclose that he or she is or has been a victim of domestic abuse or is at risk of further domestic abuse. The rules shall also specify the evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.
49.1473(1)(b)
(b) Each Wisconsin works agency shall establish procedures, in accordance with the rules promulgated by the department under
par. (a), for screening victims of domestic abuse.
49.1473(2)
(2) If a Wisconsin works agency employee identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the Wisconsin works agency shall provide the individual with information on community-based domestic abuse services, including information on shelters or programs for battered individuals, sexual assault provider services, medical services, sexual assault nurse examiners services, domestic violence and sexual assault hotlines, legal and medical counseling and advocacy, mental health care, counseling, and support groups. The Wisconsin works agency shall provide the information to the individual orally and in writing in accordance with guidelines developed by the department. The Wisconsin works agency shall also provide referrals for community-based counseling and supportive service providers to the individual if the individual elects to receive the services.
49.1473 History
History: 2001 a. 16.
49.1475
49.1475
Follow-up services. Following any follow-up period required by the contract entered into under
s. 49.143, a Wisconsin works agency may provide case management services for an individual who moves from a Wisconsin works employment position to unsubsidized employment to help the individual retain the unsubsidized employment. Case management services may include the provision of employment skills training; English as a 2nd language classes, if the Wisconsin works agency determines that the course will facilitate the individual's efforts to retain employment; 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; or other remedial education courses. The Wisconsin works agency may provide case management services regardless of the individual's income and asset levels.
49.1475 History
History: 1999 a. 9.
49.148
49.148
Wisconsin works; wages and benefits. 49.148(1)(1)
Benefit and wage levels for participants in employment positions. A participant in a Wisconsin Works employment position shall receive the following wages or 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.
