3310 Primary Employment Service Activities - In order to meet federal work participation requirements, households need to meet at least 30 hours of participation per week, at least 20 hours of which need to be primary and at least 10 hours may be secondary activities. The follo wing 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 to meet the federal work participation requirement:

 

NOTE: Single parent families with a child under age 6 meet the federal work participation requirement if the parent is engaged in primary work activity(s) for 20 hours per week.

 

3310.1 Unsubsidized Employment  - The following activities are considered Employment for federal reporting purposes:

 

 

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:

 

 

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:

 

 

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 24-month-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. Work Experience site supervisors will provide weekly evaluation reports of the participant’s progress to the career navigator who will identify strengths and weaknesses that affect the client's employability. A review shall consist of the career navigator and the client meeting to go over the weekly evaluations. These reviews will determine if the client may continue to participate in Work Experience for an extended period of time. 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. 

 

  1. 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 program 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.

    It should be explained to the work site during the recruitment process that not every assigned client will have developed quality work habits such as satisfactory time and attendance, grooming skills etc. The agency will provide expectations and information about how to be a good employee to the client before they start the work experience assignment. These skills will be reinforced during the work site placement and will promote job retention once the client becomes employed.
     

  1. 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.
     

  2. 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 assure 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 shall be used to determine the number of assigned hours. The total number of hours for the month shall be divided by 4.3 to determine the number of scheduled hours per week.

    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 in regard to assuring 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 will 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.
 

The number of assigned hours per week will be provided in writing to the client and the work site before the first day of the assignment. The work site will determine the scheduling in regard to days and hours to be worked during the week. Workers may assist in the scheduling if requested by the work site or client.
 

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 is to provide supervision of clients in accordance with the company's established policies and procedures for orientation, safety training, absenteeism, disciplinary measures, and termination.
 

Work site personnel policies and procedures related to these topics will be discussed and/or provided in writing by the work site to the client on the first day of the assignment.


In the event that a client has been referred to the work site for an assignment and, for substantial reasons, such person is believed to be unsuitable, the work site must report to the designated staff immediately.
 

The career navigator will contact the work site within the first week of assignment to answer any questions the client or supervisor may have regarding the assignment. The client and work site must be notified in advance of any change in the number of assigned hours.
 

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.

 

It is recommended, if problems arise, the work site will notify the career navigator to assist in resolving the problem.
 

Work sites will provide the agency with an attendance report and a performance evaluation every month. The career navigator will review these reports; if any problems are noted in the report, a contact with the client and/or the work site will be made. The ES-4322, Community Service/Work Experience Assignment and Site Report, is to be used to document the actual hours of participation.
 

The Local DCF Office will notify the work site when a client will no longer be assigned to the site.

Assignments in the work experience activity should be reviewed every 6 months minimally. It may be determined at any time that another activity or an additional concurrent activity assignment would better enable the client to achieve the employment goal.
 

  1. Work Experience Clients Rights - Work related expenses, such as transportation from a central location to the work site or tools and supplies necessary for the client to perform assigned tasks at the work site, are to be furnished by the work site unless other arrangements have been approved by the local office.The work site is to maintain reasonable work conditions which are not in violation of federal, state, or local health and safety standards.

 

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).
 

  1. 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: Monthly.

 

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.

 

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.

 

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.

 

Prior training, experience and skills of the client need to be considered in making appropriate community service assignments.

 

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 shall be used to determine the number of assigned hours. The total number of hours for the month shall be divided by 4.3 to determine the number of scheduled hours per week.

 

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.


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 will 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 assuring 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:

 

 

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. EES 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 in 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: Monthly. 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 for authorization and progress review guidelines.

 

  1. TANF-Specific programs that may be considered Vocational Education include:

  1. GOALS and E&T- In addition to the specific programs that may be considered for TANF, the following may also be included for GOALS and E&T:

 

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 is limited to ABAWDs who are in their second month of ABAWD status. This activity may only be used as a qualifying activity for the first 30 days after the ABAWD is approved for benefits. After that, 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:

 

 

  1. Job Search is the act of seeking or obtaining employment. This includes making inquiries to prospective employers.

This activity can be used when a client:

The Job Search activity should be used when a client is doing individual or group job search. Job contacts for Job Search are to be documented and reported to the agency weekly. Hours of participation can be documented by the client on the ES-4306, Employer Contact Record. 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.

  1.  Job Readiness is preparation to seek or obtain employment. It is an individual holistic service provided for but not limited to clients with severe, multiple and often persistent barriers to self-sufficiency. This service should directly enhance the employability of the client with individualized contacts to assist clients with identifying options, problem-solving, motivation, self-confidence, and guidance. This service may be provided directly by the CN or may be provided by other community resources. (i.e. Bridges programs, Partners 4 Success, etc.)

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:

Supervision Requirement: Daily supervision which means daily oversight of the client’s participation, not necessarily daily in-person contact.  
 

Documentation Requirement: Daily