468 Neb. Admin. Code, ch. 4, § 008

Current through September 17, 2024

Section 468-4-008 - COMPONENTS

Components make up the menu of activities that the participant and the Department choose from when developing the Self-Sufficiency Contract. Activities that the participant engages in should build on his or her strengths, help to remove barriers to Self-Sufficiency and prepare him or her for entry into the labor market. Successful completion of activities within the components should build momentum and forward movement toward the achievement of the participant's vocational goal and eventual self-sufficiency. A participant may participate in one or more core activities at a time or a combination of core and non-core activities at the same time in order to comprise full-time participation. Each component activity is reflected as a separate element in the Self-Sufficiency Contract. Participation in component activities must be supervised. Participation hours must be tracked, documented and verified.

008.01CORE ACTIVITIES. At least 20 hours per week must come from participation in the following core activities.

008.01(A)UNSUBSIDIZED EMPLOYMENT. The employment may be full or part-time in the public or private sector and is not subsidized by Temprary Assistance for Needy Families or any other public program. Employment must consist of work for pay. Pay must not be less than the state minimum wage.

008.01(A)(i)MICROBUSINESS ENTERPRISE. When a microbusiness enterprise is included in the Self-Sufficiency Contract, the individual should be referred to an entrepreneurial assistance program. In order for the Self-Sufficiency Contract to contain this component activity, an assessment of the likelihood of business success must be obtained and benchmarks established to assess measurable progress, including profits and continued likelihood of achieving economic self-sufficiency within the individual's time limits.

008.01(A)(ii)APPRENTICESHIP. An apprenticeship may be applied for and entered into with a trade organization. An individual participating in an apprenticeship must complete the program and be fully employed in the trade within the individual's time limit. An apprenticeship program cannot be included in the Self-Sufficiency Contract if the individual has a skill that can be marketed and can be reasonably expected to provide a wage leading to economic self-sufficiency in the current, area-specific labor market and the client is physically, mentally and emotionally able to utilize those skills through employment.

008.01(B)SUBSIDIZED PRIVATE AND PUBLIC SECTOR EMPLOYMENT. The subsidized employment component is employment in the public or private sector for which the participant is paid wages, while the employer receives a temporary subsidy from Temporary Assistance for Needy Families or other public funds to offset some or all of the wages and costs of employing a participant. Subsidized employment provides the participant with an opportunity to gain job skills and experience. The goal of this activity must be to prepare participants for and assist them in securing permanent unsubsidized employment and achieving economic self-sufficiency. During the subsidized period the employer must provide necessary training, guidance, and direction to the participant. For worker protection, see regulation later in this chapter.

008.01(C)WORK EXPERIENCE. The work experience component is structured unpaid work in any public, private, for-profit, or nonprofit business or organization. The purpose of the work experience activity is to improve the employability of participants who have been assessed as not being job ready or cannot find unsubsidized employment by providing an individual with an opportunity to acquire the general workplace skills, training, knowledge, and work habits necessary to obtain unsubsidized employment. The goal of work experience is to prepare participants for and move them into unsubsidized employment or other component activities that can help in this transition. Other component activities may be combined with work experience. A work experience placement must not exceed six months.

008.01(C)(i)REQUIREMENTS. The Department must have a written agreement with the work site. Daily supervision is required. The hours of participation in a work experience activity must be detailed in the agreement and the Self-Sufficiency Contract.

008.01(C)(ii)SELECTION CRITERIA AND PLACEMENT. The participant's vocational interests and goals, job skills, training, education, work history, experience, and limitations must be taken into consideration so that the participant can be matched to the appropriate work site. The Department recommends the participant to the work site. The potential work site personnel then have the option of interviewing the participant.

008.01(C)(iii)SCHEDULING, TIME AND ATTENDANCE. The Department is responsible for coordinating with the work site and participant for the number of hours and the days the participant will participate. Participants are required to report to their work site as scheduled, following the business' rules and regulations regarding timeliness, attendance and absences. Time and attendance records for participants are maintained by the work site as they are for regular employees. Time sheets and progress reports must be submitted to the Department at the end of each week.

008.01(C)(iv)COMMUNICATION WITH THE WORK SITE. Communication with the work site must be maintained on a regular basis. The work site must notify the Department immediately if there is a problem with an individual's participation.

008.01(C)(v)TERMINATION OF ASSIGNMENT. If the work site determines that a participant is unsuitable for the assignment, the work site must inform the Department immediately. The participant may then be reassigned to another work site. Termination from a work site is not considered nonparticipation unless the participant failed or refused to participate without good cause.

008.01(C)(vi)REVIEW OF PLACEMENT. The effectiveness of a participant's placement must be reviewed regularly. If the assignment is determined to be inappropriate or ineffective, the Self-Sufficiency Contract must be reviewed.

008.01(C)(vii)PARTICIPANT PROTECTION. Work experience and community service participants are insured by the Department against injury on the work site.

008.01(C)(viii)WORKER PROTECTION. No work experience, on-the-job training, subsidized employment, or community service placement may result in the displacement of or infringement of promotional opportunities of any currently employed worker, nor will an assignment be made to fill a position when the employer has reduced its work force with the effect of filling the vacancy with a participant subsidized by the program or when any other individual is on layoff from the same or equivalent job within the same organizational unit. Regular employees or their representatives may register complaints with the Department that the assignment of an individual violates the previously described provisions. The Department offers the individual a conciliation period of up to 30 days in which to resolve the dispute. The conciliation process includes a face-to-face interview or telephone conference with a Department representative. This process may be initiated by either the Department or the employee. If the conciliation process does not resolve the issue, the dissatisfied employee may file a request for a formal hearing.

008.01(C)(viii)(1)HEARING PROCESS. The hearing process must not exceed 90 days from the date of the complaint, by which time the complainant must be provided the written decision by the department. The Department's hearing portion of the grievance procedure must provide the following:

(a) A written notice of the date, time, and place of the hearing;

(b) A hearing on the record;

(c) An opportunity to present evidence, bring witnesses, and cross examine witnesses;

(d) Representation by counsel at the discretion and cost of the employee; and

(e) A written decision.

008.01(C)(viii)(2)APPEAL TO ADMINISTRATIVE LAW JUDGES. The written decision may be appealed by any dissatisfied party within 20 days of the receipt of the Department's written decision. The appeal must be sent to the Office of Administrative Law Judges and copies of the appeal and any brief in support of it must be sent to the Assistant Secretary for Employment and Training. See this chapter's corresponding guidance document for where to send required documents. The appeal must contain:

(a) The full name, address, and telephone number of the appellant;

(b) The provisions of the Social Security Act of regulations believed to have been violated;

(c) A copy of the original complaint filed with the Department; and

(d) A copy of the Department's findings and decision regarding the appellant's complaint.

008.01(C)(ix)RIGHTS AND BENEFITS. Work experience participants are treated as regular employees of the work site to which they are assigned. The work site provides supervision of clients in accordance with the policies and procedures used for regular employees including orientation, absenteeism, disciplinary actions, and terminations.

At the time of assignment the work site personnel policies and procedures relating to these topics should be discussed or provided in writing by the work site personnel. The work site must maintain reasonable work conditions which are not in violation of federal, state, or local health and safety standards. The work site must not discriminate against any participant because of race, religion, color, sex, physical handicap unrelated to the participant's ability to perform the work, or national origin or ancestry.

008.01(D)ON-THE-JOB TRAINING (OJT). The basic principles which govern an On-the-Job Training placement are:

(i) An On-the-Job Training can be developed in the public or private sector;

(ii) An assessment of the participant must determine that he or she is job ready;

(iii) The participant is first hired by the employer on a full-time basis;

(iv) The Department must have a written contract with the employer;

(v) Daily supervision is required;

(vi) The participant is provided training which gives the knowledge and skills essential to the full and adequate performance of that job;

(vii) The participant is compensated at a wage, plus fringe benefits, as applicable, including periodic increases, comparable to that of other employees performing the same or similar jobs. The employer and the sponsoring agency negotiate a contract in which the employer will be reimbursed up to 50 percent of the hourly wage for actual hours worked for a set period of time, not to exceed six months to help offset the cost of training;

(viii) The wage reimbursement rate and length of the on-the-job training are contingent upon the nature and complexity of the work and how much training is actually required for the individual to be able to perform the job adequately;

(ix) The on-the-job training may include classroom training, either in the workplace or elsewhere, in job-related basic skills, literacy, English as a Second Language (ESL), or occupational skills training that is required by the employer and would assist the participant to complete his or her assigned duties or upgrade his or her job skills. The classroom hours can count towards hours of on-the-job training participation but are not eligible for wage reimbursement; and

(x) Upon successful completion of the on-the-job training, the employer will continue to employ the participant as a regular employee.

008.01(E)JOB SEARCH/JOB READINESS. Job search and job readiness assistance means the act of seeking or obtaining employment, preparation to seek or obtain employment, including life skills training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable. Such treatment or therapy must be determined to be necessary and documented by a qualified medical, substance abuse, or mental health professional. Participation in job search and job readiness is limited to 240 or 360 hours in a 12-month period. The total hourly limit for participation in job search and job readiness activities is 240 hours for a single custodial parent or needy caretaker relative, guardian or conservator of a child under 6 years of age, and 360 hours for all other work-eligible individuals. The 12-month period begins with the first month in which hours of job search or job readiness are counted. Not more than 4 weeks may be consecutive. The 240 or 360 hour limit applies to the job search and job readiness components as a whole, not separately. Daily supervision is required.

The Job Search component offers two formats for job search: group job search workshop and independent job search.

008.01(F)COMMUNITY SERVICE. The community service component is a structured program in which the participant performs unpaid work under the auspices of public or nonprofit organizations. Community service programs must be limited to projects that serve a useful community purpose. Community service programs must include structured activities that both provide a community service and also improve the employability of the participant. Community service programs are designed to improve the employability of participants not otherwise able to obtain employment. The prior training, experience, and job skills of a participant must be taken into account, to the extent possible, in making appropriate community service assignments. For selection criteria and placement, scheduling, time and attendance, communication with the work site, termination of assignment, participant protection, and for worker protection, see regulation earlier in this chapter.

008.01(F)(i)REQUIREMENTS. The Department must have a written agreement with the work site. Daily supervision is required. The hours of participation in a community service program must be detailed in the agreement and the Self-Sufficiency Contract. Short term training or similar activities may be counted as community services as long as such activities are of limited duration and are a necessary or regular part of the community service.

008.01(F)(ii)COMMUNITY SERVICE CALCULATION. The Department is responsible for determining the maximum number of hours of community service allowed for the Employment First participant each week. This is determined by adding the family's Aid to Dependent Children cash payment amount and their Supplemental Nutrition Assistance Program allotment for their Aid to Dependent Children unit size then dividing the total monthly benefit amount by the higher of the federal or state minimum wage.

008.01(G)VOCATIONAL TRAINING. Vocational training is organized educational programs directly related to the preparation of individuals for employment in current or emerging occupations. It may consist of both academic and occupational course work. Basic skills education such as work-focused general education and language instruction may be counted as long as it is a necessary and regular part of the vocational training. Vocational training programs should be limited to activities that give participants the knowledge and skills to perform a specific occupation. The completion of vocational training leads to the attainment of a vocational certificate, diploma, or an Associate degree.

008.01(G)(i)LIFETIME LIMIT. Vocational training is limited to that which is directly related to the fulfillment of an individual's vocational goal. Participation in vocational training cannot exceed 36 months in a lifetime for any individual. Vocational training programs that can be included in the Self-Sufficiency Contract must be for occupations that facilitate economic self-sufficiency. In order for vocational training to be included in the Self-Sufficiency Contract, the participant must demonstrate that the training program will lead to economic self-sufficiency within the individual's time limits. The participant and the Department must have substantiating labor market information.

008.01(G)(ii)ADDITIONAL MARKETABLE SKILL. A vocational training program cannot be included in the Self-Sufficiency Contract if the participant has a skill that can be marketed and can be reasonably expected to provide a wage leading to economic self-sufficiency in the current, area-specific labor market and the participant is physically, mentally and emotionally able to utilize those skills through employment. The Department may need to assist the participant in this process.

008.01(G)(iii)FINANCIAL AID. Before vocational training can be approved and included in the Self-Sufficiency Contract, the participant must apply for student financial aid, unless the program is not eligible for student financial aid, or have other financial resources available to pay for the cost of training. If the participant is ineligible for student financial aid because of a default on a student loan, the Self-Sufficiency Contract cannot contain vocational training until the loan is rehabilitated through arrangements made with the lending institution. The participant may ask for assistance in this process.

008.01(G)(iv)MAINTAINING SATISFACTORY PROGRESS. In order to ensure that participation in vocational training is meaningful and productive, the participant must be in good standing and making good or satisfactory progress in his or her training program using the educational institution's standard. There must be demonstrated progress using a qualitative measure, such as grade point average, and a quantitative measure, such as time frame within which the individual is expected to complete his or her training program. The Self-Sufficiency Contract must detail the qualitative and quantitative measures. Daily supervision is required.

008.01(H)PROVIDING CHILD CARE SERVICES TO AN INDIVIDUAL WHO IS PARTICIPATING IN A COMMUNITY SERVICE PROGRAM. An individual who is providing child care services to the children of another Employment First participant to enable him or her to participate in the community service component activity. This activity must be effective in helping move the child care provider toward economic self-sufficiency. The activity should be made meaningful through training, certification or mentoring, and work towards certification as a child care provider and be a first step toward the participant's employment in the child care field. The participant may or may not be paid for services rendered. The individual who is participating in the community service component activity is not required to pay the participant for providing the child care services. The participant should be encouraged to apply to the Department to be an approved provider and receive payment for their services as an approved child care provider. Daily supervision is required.

008.01(I)POST-SECONDARY EDUCATION. Post-secondary education is a specific educational program at a college or university. The completion of post-secondary education leads to the attainment of a baccalaureate degree. Post-graduate programs may not be approved in the Self-Sufficiency Contract. Post-secondary education is limited to that which is directly related to the fulfillment of an individual's occupational goal. Postsecondary education programs that can be included in the Self-Sufficiency Contract must be for occupations that facilitate economic self-sufficiency. In order for post-secondary education to be included in the Self-Sufficiency Contract, the participant must demonstrate that the educational program will lead to economic self-sufficiency within the individual's time limits. The participant and the Department must have substantiating labor market information. For additional marketable skills, financial aid and maintaining satisfactory progress, see regulation earlier in this chapter. If the participant is ineligible for student financial aid because of a default on a student loan, the Self-Sufficiency Contract cannot contain post-secondary education until the loan is rehabilitated through arrangements made with the lending institution. The participant may ask for assistance in this process.

008.02NON-CORE ACTIVITIES. Non-core activities cannot count toward participation hours without at least 20 hours per week coming from participation in core activities. If more than 20 hours in a week have been met in a core activity or activities, the following component activities may count towards participation:

008.02(A)JOB SKILLS TRAINING DIRECTLY RELATED TO EMPLOYMENT. This is defined as training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. This can include customized training to meet an employer's needs or general training that prepares a participant for employment. This can include literacy instruction or language instruction or barrier-removal activities when such instruction is explicitly focused on skills needed for employment or combined in a unified whole with job training. Daily supervision is required. Job skills training may include short-term training programs or course work designed to refresh, upgrade, advance, or renew job-related skills. Adult Basic Education (ABE) and English as a Second Language (ESL) courses can count as stand-alone activities, but must be combined with a core activity. For additional marketable skills, financial aid and maintaining satisfactory progress, see regulation earlier in this chapter.

008.02(B)EDUCATION DIRECTLY RELATED TO EMPLOYMENT. For an individual who has not received a high school diploma or a certificate of high school equivalency, this is defined as education related to a specific occupation, job, or job offer. This can include Adult Basic Education (ABE) which is basic and remedial education designed to help an individual achieve a basic literacy level, English as a Second Language (ESL), and other courses designed to provide the knowledge and skills for specific occupations or work settings. General Educational Development (GED) can be counted when it is required as a prerequisite for employers or an occupation. Adult Basic Education and English as a Second Language courses can count as stand-alone activities, but must be combined with a core activity. For additional marketable skills, financial aid and maintaining satisfactory progress, see regulation earlier in this chapter.

008.02(B)(i)SPECIAL RULE FOR STATE CORE-EDUCATION DIRECTLY RELATED TO EMPLOYMENT. A parent, regardless of age, will be considered to have met the minimum number of participation hours required if they are participating in Education Directly Related to Employment for at least an average of 20 hours per week during the month. For purposes of this requirement, Education Directly Related to Employment includes Adult Basic Education (ABE), a General Educational Development (GED) program, or English as a Second Language (ESL). The Adult Basic Education (ABE) and General Educational Development (GED) program must be approved by the Nebraska Department of Education.

008.02(C)SATISFACTORY ATTENDANCE AT SECONDARY SCHOOL OR IN A COURSE OF STUDY LEADING TO A CERTIFICATE OF GENERAL EQUIVALENCE. This is defined as a needy caretaker, specified relative, age 19 or younger, or a dependent child in secondary education, whether an academic or vocational track, the completion of which leads to the attainment of a high school diploma (HSD); or General Educational Development (GED), the completion of which leads to the attainment of a State of Nebraska High School Diploma or certificate of general equivalence. If a dependent child drops out of school when he or she reaches the mandatory education age of 16, a Self-Sufficiency Contract must be developed. However, participation in this component cannot be mandated to the dependent child who drops out of school at the age of 16. For maintaining satisfactory progress, see regulation earlier in this chapter.

468 Neb. Admin. Code, ch. 4, § 008

Adopted effective 8/29/2022