3310 Primary Employment Service Activities for TANF - In order to meet work requirements, clients need to meet at least 30 hours of participation per week, at least 20 hours of which need to be primary and 10 hours may be primary or secondary activities. Two-parent households need to meet at least 55 combined hours of participation per week, at least 50 hours of which need to be primary and 5 hours may be primary or secondary activities. The following activities meet federal definitions of primary hours of participation. They count toward the first 20 hours for one-parent families and 50 hours for two-parent families per week:
NOTE: One-parent families with a child under age 6 meet the work
requirement if the parent is engaged in primary work activity(s) for 20
hours per week.
NOTE: Two-parent families not receiving federally funded child care subsidies meet the work requirement if the combined hours of participation per week for the household is 35 hours with 30 of those hours being in a primary work activity.
3310.1 Unsubsidized Employment - The following activities are considered Employment for federal reporting purposes:
Full or part-time employment,
Self-Employment - After a maximum of six months the TANF client's progress should be reviewed. If the TANF client is not earning the equivalent of the federal minimum wage, the Self-Sufficiency Plan may need to be updated to include other activities on a case-by-case basis. (NOTE: In order to determine the number of self-employment hours to count for work participation reporting, the self-employment income/gross income less business expenses is divided by the federal minimum wage.)To find the current minimum wage click this link, https://www.dol.gov/general/topic/wages/minimumwage, then scroll down and click on ‘What is the Minimum Wage?’
On campus participation in Job Corps
is considered employment for work participation purposes. No work
program assessment, case management, or signed Self-Sufficiency Plan
is required to be completed for on-campus participants in Job Corps.
Job Corps staff provide these services for these Job Corps participants.
If there is an indication that sexual harassment, domestic violence,
sexual assault, stalking or substance abuse issues are present, the
career navigator may refer the client to the local DV/SA center or
SRCC so that additional services may be provided while the client
attends Job Corps.TANF recipients attending on-campus Job Corps programs
are eligible for appropriate support services (i.e., transportation,
child care, etc.).
The Work Retention Payment program:
See KEESM 3441.2
NOTE: For Flint Hills CDC Solo Parent Program child care eligibility
and system payment coding see 2850.
Documentation Requirement: Projected 6 months in advance based on actual hours.
3310.2 Subsidized Private Employment (TANF Only) - Employment in the Private Sector is considered subsidized employment when the participant is paid wages and the same benefits as a non-subsidized employee and the private sector employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient.
The following models are considered subsidized private employment:
TANF funds reimburse private sector
employer costs for wages, benefits, taxes and insurance.
An intermediary (i.e., temporary staffing agency) receives a fee to cover participant's salary in the private sector and support services. The intermediary monitors the participant and the employer.
Supported work in the private sector for persons with disabilities. (See Supported Employment, Rehabilitation Services Policy Manual.)
Documentation Requirement: Projected 6 months in advance based on actual hours.
3310.3 Subsidized Public Employment (TANF Only) - Employment in the Public Sector is considered subsidized employment when the participant is paid wages and the same benefits as a non-subsidized employee and the public sector employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient.
The following models are considered subsidized public employment:
TANF funds reimburse public sector employer costs for wages, benefits, taxes and insurance.
An intermediary (i.e., temporary
staffing agency) receives a fee to cover participant's salary in the
public sector and support services. The intermediary monitors the
participant and the employer.
Supported work in the public sector for persons with disabilities. (See Supported Employment, Rehabilitation Services Policy Manual.)
Documentation Requirement: Projected 6 months in advance based on actual hours.
3310.4 Work Experience (TANF only) - This activity will allow the client an opportunity to develop a current work history, establish references for employment seeking efforts, or become employed at the Work Experience site. Work Experience placements must be reviewed after 90 days and are limited to 6 months per life-time limit. A client’s progress should be reviewed prior to each new placement regardless of the length of time they are at the Work Experience site. Employment sites chosen for the Work Experience activity should ideally offer employment opportunities during or at the end of the activity should the client be a successful placement. Classes and workshops designed for the purpose of preparing a client for placement at a Work Experience site may also count towards participation in the Work Experience activity.
Work Site Selection - Work
sites can be developed with public and private nonprofit or for profit
organizations. The Cooperative Work Site Agreement form, ES-4104,
and the ES-4104.1
Addendum will be used to validate the partnership between the work
site and DCF to provide work experience opportunities for DCF
clients. The ES-4104 does not contain an expiration date. Either party
may give a 30-day written notice to terminate the agreement. Work
sites should be developed with the ultimate goal of the site hiring
the client after the satisfactory completion of the work experience
assignment. In situations in which the work site has no current opening
for unsubsidized employment, work site staff should be willing to
make every effort to assist the client in obtaining unsubsidized employment
in other businesses within the community.
Nonprofit organizations are required to provide verification of tax
exempt status (501c3) which will be attached to the ES-4104.
Work sites developed and/or monitored by a contracted employment service
provider are not required to have an ES 4104. This
includes Workforce, WIOA, and VR.
Security
Clearances - Some Work Experience work sites may
require a security/background clearance. If the work site requires
a security/background clearance, it is the responsibility of the site
to obtain this clearance. DCF may provide information to the site
on how to obtain clearances.
Work Site Assignments - In
making work site assignments, workers will take into consideration,
the client's job skills, prior work experience or training, and occupational
goals. Physical proximity to the work site will also be considered
to reduce transportation barriers and costs.
The site should have the opportunity to interview the client for the
Work Experience position. The client should discuss goals and expectations
with the site supervisor to ensure that appropriate work experiences
are available to meet the client's needs.
The work site assignment hours will be tied to the household's monthly
benefits. To determine the maximum number of assignment hours for
the month, the total assistance benefit amount plus the food assistance
benefit, minus child support retained by the state, is divided by
the Federal minimum wage. The latest known benefit amount and amount of child support retained
shall be used to determine the number of assigned hours. KEES
will calculate the hours on the Work Experience/Community Service
Hours Calculation page.
NOTE: Clients who participate for the number of hours
based on the cash and food assistance benefits, minus child support
retained by the state, are deemed to meet the primary work activity
requirement.
In using this formula, if the work experience assignment
hours are less than the required number needed to meet federal participation
requirements, assignment to an additional activity(s) may be made. Assignment
hours should also be reviewed
to ensure clients are assigned an appropriate number of hours
in an activity. If the work experience assignment hours based on the formula
exceed 30 hours per week, the career navigator and client should plan
the number of hours to best address the individual situation. Work experience
assignments in two-parent households should consider the family situation.
NOTE: If both parents are assigned to the Work Experience
activity, their combined hours cannot be more than the allowable hours
for the household as determined by the FLSA formula. For example if it
is determined a household may participate 50 hours a week the hours can be divided between the
two parents as 25/25 or 30/20. It would be in violation of the Fair Labor
Standards Act to assign both parents to 50 hours or a combination of hours
that would exceed a total of 50 hours.
If a client chooses to volunteer for additional hours at
a work site, the volunteer hours are not considered part of the Work Experience
assignment and there is no comparable coverage provided by DCF in the
event the client is injured while volunteering at the work site.
The work site may reschedule missed hours during that same
month when the client has been excused or is absent because of good cause.
For clarification, it should be noted that days missed due to the work
site scheduled holidays, inclement weather or closure of the work site
for other reasons shall be considered good cause and completion of the
work assignment for the month.
Work
Experience Clients Rights - Clients may not be involved
in political, electoral, sectarian or partisan activities. Non-sectarian
are those activities offered by a religious organization to the community
at large and such programs do not involve religion, e.g., child care,
recreational, congregate meal activities, or services provided such
as janitorial or lawn care.
The work site shall not discriminate against any person
assigned to the work site. (See 1211.8).
Work
Site Injury Requirements - Prior to the first day of the
work site assignment, Work Experience clients and site supervisors
must be informed of the policy and procedures to follow in the event
of an injury occurring at the work site.
Anytime a client is injured while completing the work site assignment,
the site must notify the career navigator immediately. The career
navigator should gather basic information regarding the injury, such
as the date, time, account of how the injury occurred, a general description
of the injury and the name and address of the medical provider and/or
treatment facility. Area staff should immediately report the work
site injury occurrence to EES Administration. A written summary of
the injury may be requested. Written information should be sent to
the Director of Economic & Employment Services,
DCF Administration Building, 555 S. Kansas Ave.Topeka, Kansas 66603.
If the work site is not providing Workers Compensation
or comparable coverage, DCF will provide the comparable coverage for services
related to a work site injury.
Medicaid funds will be used to pay for the needed medical
care. If the injury requires emergency care, the emergency medical services
are paid in the usual way with providers sending claims to the fiscal
agent. If the injury is not an emergency, the Work Experience client must
choose a medical provider who will treat the patient and coordinate other
medical care. If the Work Experience client is on lock-in or in a Health
Maintenance Organization (HMO), the lock-in physician or health care case
manager must be used to coordinate medical services and in non-life threatening
emergency situations, the health care case manager should be notified.
Services in excess of the Medicaid limitations are paid
from the local office administrative funds. Payment for the excess costs
are to be paid only if the primary medical provider provides the services
or coordinates a referral to another provider.
Injured clients are exempt from co-pay for medical services
for injuries occurring at the work site. The local office is responsible
for sending written notice of this policy to the medical provider. The
local office shall also provide written notification to the medical provider
that payment for the services in excess of the Medicaid limitations will
be made since the injury occurred during a work site assignment. If the
client fails to use the chosen provider, lock-in physician or health care
case manager, the client is responsible for payment.
Claims for medical services provided to injured work experience
clients should be sent by the provider to the fiscal agent for payment.
If payment is denied for exceeding Medical limitations, the provider sends
the remittance advice which verifies denial to the local office. The claim
is then paid by the local office as an administrative expense.
NOTE: Payment may not be made from the clients' Special Services Allowance.
If a client sustains a work site injury that requires payment for items other than medical expenses, Form ES-4411, Claim for Comparable Coverage, shall be utilized to request the comparable coverage. DCF will use the Worker's Compensation statutes as a guide to provide compensation. For example, the worker's compensation statutes define scheduled injuries, which include injuries such as the loss of a thumb or finger, or the loss of an eye. Scheduled injuries are compensated using a formula that uses wages and a payment schedule for the specific type of injury.
Refer to Appendix Item #E-9 for Procedural/Best Practice Information.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Bi-weekly. The ES-4322, Community Service/Work Experience Assignment and Site report, is to be used to document the actual hours of participation.
3310.5 On-the-Job Training (TANF only) - On-the-Job Training is public or private sector training that provides knowledge and skills essential to job performance of subsidized or unsubsidized employees while they are engaged in productive work. There is an expectation that the employer will retain the participant as a regular employee after the training.
The following are considered On-the-Job Training for federal work participation reporting:
NOTE: On-the-Job Training should be the activity on the system rather than Employment.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Projected 6 months in advance based on actual hours. Job Retention Case Management will be documented monthly based upon the provider billing.
3310.6 Supervised Community Service Program (TANF only) - This activity provides for client’s performing work for the direct benefit of the community under the structure and supervision of public or nonprofit organizations. These programs must serve a useful community purpose and must be designed to improve the employability of the client. Classes and workshops designed for the purpose of preparing a client for placement at a Supervised Community Service site may also count towards participation in the Supervised Community Service activity.
Community
Service Site Selection- Work sites can be developed with public and
nonprofit organizations. The ES-4105
and the ES-4105.1,
Cooperative Community Service Program Agreement Addendum, will be
used to validate the partnership between the work site and DCF to
provide community service opportunities for DCF clients. These documents
do not contain an expiration date. Either
party may give a 30-day written notice to terminate the agreement.
Non-profit status may be verified by documentation of tax exempt status
(501c3) or State of Kansas not-for-profit status.
Work sites developed and/or monitored by a contracted employment service
provider are not required to have an ES-4105.
This includes Americorps
and VISTA.
Security Clearances - Some Supervised Community Service sites may require a security/background clearance. If the work site requires a security/background clearance, it is the responsibility of the site to obtain this clearance. DCF may provide information to the site on how to obtain clearances.
Community Service Site
Assignments - Prior training, experience and skills of the client, and occupational goals
need to be considered in making appropriate community service assignments.
Physical proximity to the
work site will also be considered to reduce transportation barriers
and costs.
This site should have the opportunity to interview the client for the
Supervised Community Service position. The client should discuss goals
and expectations with the site supervisor to assure that appropriate
work experiences are available to meet the client's needs.
The Community Service site assignment hours will be tied to the household’s
monthly benefits. To determine the maximum number of assignment hours
for the month, the total cash assistance benefit amount plus the food
assistance benefit, minus child support retained by the state, is
divided by the Federal minimum wage. The latest known benefit and amount of child support retained
shall be used to determine the number of assigned hours. KEES will
calculate the hours on the Work Experience/Community Service Hours
Calculation page.
NOTE: Clients who participate for the number of hours based on the cash and food assistance benefits , minus child support retained by the state, are deemed to meet the primary work activity requirement.
In using this formula, if the Community Service assignment hours are less than the required number needed to meet federal participation requirements, assignment to an additional activity(s) may be made. Assignment hours should also be reviewed to assure clients are assigned an appropriate number of hours in an activity. If the Community Service assignment hours based on the formula exceed 30 hours per week, the career navigator and client should plan the number of hours to best address the individual situation. Community Service assignments in two-parent households should consider the family situation.NOTE: If both parents are assigned to the Community Service activity, their combined hours cannot be more than the allowable hours for the household as determined by the FLSA formula. For example if it is determined a household may participate 50 hours a week the hours can be divided between the two parents as 25/25 or 30/20. It would be in violation of the Fair Labor Standards Act to assign both parents to 50 hours or a combination of hours that would exceed a total of 50 hours.
In using this formula, if the Community Service assignment hours are less than the required number needed to meet federal participation requirements, assignment to an additional activity(s) may be used. Assignment hours should also be reviewed in regard to ensure clients are assigned an appropriate number of hours of activity. If the Community Service assignment hours based on the formula exceed 30 hours per week, the career navigator and client should plan the number of hours to best address the individual situation. Community Service assignments in two-parent households should consider the family situation.
Examples of Supervised Community Service Programs include, but are not limited to:
Americorps;
VISTA;
Community Service activity
required as a condition of probation or parole;
Activities in homeless shelters (i.e., cooking, cleaning).
If a client chooses to volunteer for additional hours at a work site, the volunteer hours are not considered part of the Community Service assignment and there is no comparable coverage provided by DCF in the event the client is injured while volunteering at the work site.
The work site may reschedule missed hours during that same month when the client has been excused or is absent because of good cause. For clarification, it should be noted that days missed due to the work site scheduled holidays, inclement weather or closure of the work site for other reasons shall be considered good cause and completion of the work assignment for the month.
Work
Experience Clients Rights
- Clients may not be involved in political, electoral, sectarian or
partisan activities. Non-sectarian are those activities offered by
a religious organization to the community at large and such programs
do not involve religion, e.g., child care, recreational, congregate
meal activities, or services provided such as janitorial or lawn care.
The work site shall not discriminate against any person assigned to
the work site. (See 1211.8).
Community Service Site Injury Requirements - Prior to the first day of the site assignment, Community Service clients and site supervisors must be informed of the policy and procedures to follow in the event of an injury occurring at the work site.
Anytime a client is injured while completing the site assignment, the site must notify the career navigator immediately. The career navigator should gather basic information regarding the injury, such as date, time, account of how the injury occurred, a general description of the injury and the name and address of the medical provider and/or treatment facility. Area staff should immediately report the work site injury occurrence to EES Administration. A written summary of the injury may be requested. Written information should be sent to the Director of Economic & Employment Services, DCF Administration Building, 555 S. Kansas Ave.Topeka, Kansas 66603.
If the work site is not providing Worker's Compensation or comparable coverage, DCF will provide the comparable coverage for services related to a work site injury.
Medical funds will be used to pay for the needed medical care. If the injury requires emergency care, the emergency medical services are paid in the usual way with providers sending claims to the fiscal agent. If the injury is not an emergency, the client must choose a medical provider who will treat the patient and coordinate other medical care. If the client is on lock-in or in a Health Maintenance Organization (HMO), the lock-in physician or health care case manager must be used to coordinate medical services and in non-life threatening emergency situations, the health care case manager should be notified.
Services in excess of the Medicaid limitations are paid from the local office administrative funds. Payment for the excess costs are to be paid only if the primary medical provider provides the services or coordinates a referral to another provider.
Injured clients are exempt from co-pay for medical services for injuries occurring at the work site. The local office is responsible for sending written notice of this policy to the medical provider. The local office shall also provide written notification to the medical provider that payment for the services in excess of the Medicaid limitations will be made since the injury occurred during a work site assignment. If the client fails to use the chosen provider, lock-in physician or health care case manager, the client is responsible for payment.
Claims for medical services provided to injured clients should be sent by the provider to the fiscal agent for payment. If payment is denied for exceeding Medicaid limitations, the provider sends the remittance advice which verifies denial to the local office. The claim is then paid by the local office as an administrative expense.
NOTE: Payment may not be made from the clients' Special Services Allowance. If a client sustains a site injury that requires payment for items other than medical expense, Form ES-4411, Claim for Comparable Coverage, shall be utilized to request the comparable coverage. DCF will use the Worker's Compensation statutes as a guide to provide compensation. For example, the Worker's Compensation statutes define scheduled injuries, which include injuries such as the loss of a thumb or finger, or the loss of an eye. Scheduled injuries are compensated using a formula that uses wages and a payment schedule for the specific type of injury.
Refer to Appendix Item E-17 for Procedural/Best Practice Information.
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Bi-weekly. The ES-4322, Community Service/Work Experience Assignment and Site Report, is to be used to document the actual hours of participation.
3310.7 Vocational Education - Vocational education is defined as organized educational programs that are directly related to the preparation of clients for employment in current or emerging occupations requiring training including Baccalaureate degree. Refer to 3300.2 and 3300.3 for authorization and progress review guidelines.
TANF-specific programs that may be considered Vocational Education include:
Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.
Documentation Requirement: Monthly.
TANF Limitations: 12 months, 30% of all Families
3310.8 Job Search/Job Readiness
The Job Search/Job Readiness activity is limited to 4 consecutive weeks in a month for TANF participation. Since this activity can only count for 4 consecutive weeks, it is always considered a partial month. For food assistance only recipients, this activity may only count for less than 50% of the ABAWDs qualifying activities.
These hours can come from:
The Job Search/Job Readiness activity should NOT be used when a client is:
This activity can be used when a client:
- is working with VR or WIOA and job search is part of the VR or WIOA plan
- is work ready and seeking employment
The Job Search activity should be used when a client is doing individual or group job search. Job contacts and the time spent making the contact are to be documented and reported to the agency weekly. Hours of participation must be documented by the client. The career navigator or contracted provider who is supervising the job search is required to verify 10% of the contacts before the hours can be allowed.
NOTE: If a client is receiving services through the Food Assistance E&T program, an O*Net assessment must be completed prior to a client being placed in the Job Readiness activity.
The Job Readiness activity can be used when a client is:
- Preparing for job opportunities by acquiring skills to enhance job seeking abilities
- Working on Job skill/interest assessments
- Participating in Workshops/Job Clubs
- Working on Resume building
- A single parent of a child under 1 participating in an in-home parenting skills program.
- A client that has experienced sexual harassment, domestic violence, sexual assault, or stalking and is working on a safety plan.
- A person that has established a pattern of losing employment and returning to assistance
- A person with documented extenuating circumstances that do not allow job search to be appropriate at this time
Hours of participation must be documented by the client.
Supervision Requirement: Daily supervision which means
daily oversight of the client’s participation, not necessarily daily in-person
contact.
Documentation Requirement: Daily