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.
49.148(1)(b)1.1. Except as provided in
subd. 1m., for a participant in a community service job under
s. 49.147 (4), a monthly grant of $653, paid by the Wisconsin Works agency. For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5. 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) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in
s. 49.147 (1), the grant amount under this paragraph shall equal the amount specified under
subd. 1m. minus $5 for each hour that the participant misses work or education or training activities without good cause.
49.148 Note
NOTE: Subd. 1. is shown as affected by
2011 Wis. Acts 32 and
257 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
49.148(1)(b)1m.
1m. Except as provided in
subd. 1., the Wisconsin works agency shall pay a participant in a community service job the following:
49.148(1)(b)1m.a.
a. For a participant placed in a community service job for not more than 10 hours per week, one-third of the amount specified in
subd. 1m. d.
49.148(1)(b)1m.b.
b. For a participant placed in a community service job for more than 10 hours but not more than 15 hours per week, one-half of the amount specified under
subd. 1m. d.
49.148(1)(b)1m.c.
c. For a participant placed in a community service job for more than 15 hours but not more than 20 hours per week, two-thirds of the amount specified under
subd. 1m. d.
49.148(1)(b)1m.d.
d. For a participant placed in a community service job for more than 20 hours per week, $653.
49.148(1)(b)3.
3. For a participant in a community service job who participates in technical college education under
s. 49.147 (5m), a monthly grant of $653, paid by the Wisconsin Works agency. For every hour that the participant misses work or other required activities without good cause, the grant amount shall be reduced by $5. 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(1)(c)
(c)
Transitional placements. For a participant in a transitional placement under
s. 49.147 (5) or in a transitional placement and in technical college education under
s. 49.147 (5m), a grant of $608, paid monthly by the Wisconsin Works agency. 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
d., the grant amount shall be reduced by $5. 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(1)(d)1.1. In this paragraph, "benefits" means compensation in the form of the state or federal minimum wage, whichever is higher.
49.148(1)(d)2.
2. For a participant in subsidized private sector employment under
s. 49.147 (4m), benefits for each hour actually worked in subsidized private sector employment.
49.148(1m)
(1m) Custodial parent of infant; unmarried, pregnant woman. 49.148(1m)(a)(a) Any of the following may receive a monthly grant of $673:
49.148(1m)(a)1.
1. A custodial parent of a child 8 weeks old or less who meets the eligibility requirements under
s. 49.145 (2) and
(3), 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).
49.148 Note
NOTE: Subd. 1. is shown as affected by
2011 Wis. Acts 32 and
257 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
49.148(1m)(a)2.
2. An unmarried woman who would be eligible under
s. 49.145 except that she is not a custodial parent of a dependent child and who is in the 3rd trimester of a pregnancy that is medically verified and that is shown by medical documentation to be at risk and to render the woman unable to participate in the workforce.
49.148(1m)(bm)
(bm) A Wisconsin Works agency may not require a participant under this subsection to participate in any employment positions.
49.148(1m)(c)1.
1. Receipt of a grant under this subsection by a participant under
par. (a) 1. does not constitute participation in a Wisconsin Works employment position 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)(c)2.
2. Receipt of a grant under this subsection by a participant under
par. (a) 1. constitutes participation in a Wisconsin Works employment position 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 in violation of
s. 948.02 or
948.025 or as a result 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(1m)(c)3.
3. Receipt of a grant under this subsection by a participant under
par. (a) 2. does not constitute participation in a Wisconsin Works employment position.
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;
1999 a. 9;
2009 a. 28;
2011 a. 32,
257; s. 13.92 (2) (i).
49.148 Cross-reference
Cross-reference: See also ss.
DCF 101.18 and
101.20, Wis. adm. code.
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 History
History: 1995 a. 289;
2009 a. 2.
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(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 Cross-reference
Cross-reference: See also s.
DCF 101.27, Wis. adm. code.
49.151
49.151
Wisconsin works; sanctions. 49.151(1)
(1)
Refusal to participate. A participant who refuses to participate, as determined under guidelines promulgated under
s. 49.1515, in any Wisconsin Works employment position component is ineligible to participate in the Wisconsin Works program for 3 months. A participant is also ineligible to participate in the Wisconsin Works program if an individual in the participant's Wisconsin Works group is subject to the work requirement under
s. 49.15 (2) and refuses to participate as required. 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
d., 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. 49.151(2)(a)(a) If the department, a Wisconsin Works agency, or a county department or agency under contract under
s. 49.155 (1m) determines that an individual applying for or receiving benefits under
s. 49.138 or
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 committed an intentional program violation related to any provision in
s. 49.138 or
ss. 49.141 to
49.161 or any rule promulgated under those sections, the Wisconsin Works agency, the county department or agency under contract under
s. 49.155 (1m), or the department shall deny benefits under
s. 49.138 or
ss. 49.141 to
49.161 to the individual as follows:
49.151(2)(a)1.
1. For a first intentional program violation, for 6 months.
49.151(2)(a)2.
2. For a 2nd intentional program violation, for one year.
49.151(2)(a)3.
3. For a 3rd intentional program violation, permanently.
49.151(2)(b)
(b) An individual who is denied benefits under
par. (a) may request a review of the denial following the procedure under
s. 49.152 or, if the denial is based upon a violation of
s. 49.155, may request a contested case hearing under
ch. 227 by filing a request for a hearing with the department within 30 days after the date of the denial.
49.151 Cross-reference
Cross-reference: See also s.
DCF 101.21, Wis. adm. code.
49.1515
49.1515
Determining nonparticipation. 49.1515(1)
(1)
Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in
s. 49.151 (1) (a),
(b),
(c),
(d), or
(e) is demonstrating a refusal to participate.
49.1515(4)
(4) Emergency rules prohibited. Notwithstanding
s. 227.24, the department may not promulgate any rules under this section as emergency rules using the procedure under
s. 227.24.
49.1515 History
History: 2009 a. 28;
2011 a. 32.
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, that the employment position in which the individual was placed is inappropriate, or that providing case management services under
s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position 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:
49.152(2)(c)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 petitions the department for a review of the decision.
49.152(2)(c)2.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
49.152(2)(d)
(d) If the department reviews a decision under
par. (b) and upon receipt of a petition or request under
par. (c) the department may make any additional investigation that it considers necessary. The department shall render its decision as soon as possible and shall send a certified copy of its decision to the applicant or participant, the county clerk, if appropriate, and the Wisconsin works agency. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition or shall refuse to grant relief if the applicant or participant withdraws the petition in writing.
49.152(3)(a)(a) If, following review under
sub. (2), the Wisconsin Works agency or the department determines that an individual whose application for a Wisconsin Works employment position was denied based on eligibility was in fact eligible, or that the individual was placed in an inappropriate Wisconsin Works employment position or inappropriately provided case management services under
s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position, the Wisconsin Works agency shall place the individual in the first available Wisconsin Works employment position that is appropriate for that individual, as determined by the Wisconsin Works agency or the department. An individual who is placed in a Wisconsin Works employment position under this paragraph is eligible for the benefit for that position under
s. 49.148 beginning on the date on which the individual begins participation under
s. 49.147.
49.152(3)(b)
(b) If, following review under
sub. (2), the Wisconsin works agency or the department determines that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department retroactive to the date on which the benefit was first improperly modified or canceled or incorrectly calculated.
49.152 Cross-reference
Cross-reference: See also ss.
DCF 101.07 and
101.22, Wis. adm. code.
49.153
49.153
Notice before taking certain actions. 49.153(1)
(1)
Written and oral notice. Before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in Wisconsin Works, a Wisconsin Works agency shall do all of the following:
