Welfare-to-Work Activities
From CalWORKs | Welfare Resources
Basic Welfare-to-Work Requirements
Applicants and recipients who are not exempt must participate in "welfare-to-work activities" whose aim is to enable them to become job ready before their 60 month time limit for receiving aid expires. These activities may include work and work experience, basic education and job training, the receipt of mental health, substance abuse and domestic violence services, and community service activities. WIC § 11322.6. While each county need not include all of the statutory options in its "welfare-to-work" plan, each is required to at least provide an "adequate range" of welfare to work activities, and may not limit them to job search and work experience (workfare). (Note 26) WIC § 11322.7. Furthermore, MPP 21-115 and 42-711.115 require that Limited-English Proficient (LEP) individuals, while participating in welfare to work activities, must be provided with appropriate bilingual or interpretive services in a language which the individuals understand. ACL 00-30, 01-32.
- 32 Hours of Welfare to Work Activity are Required of a Participant
- Until June 30, 1998, one-parent families were required to perform 20 hours of work activities (including community service) per week. This increased to 26 hours per week on July 1, 1998, and to 32 hours after July 1, 1999. Two parent families will be required to do 35 hours per week, but this can be met by both parents. (Note 27) WIC § 11322.8.
- Welfare to Work is No Longer Limited to 18 or 24 Months (Note 28)
- Under the rules in effect through November 2004, a participant was required to comply with his or her welfare-to-work plan adopted for up to a 18 or 24 months (depending on whether one was a new CalWORKs applicant or already a recipient) (former WIC § 11454(a)), and, if still receiving CalWORKs at the end of that period, to perform community service in the public or non-profit sector which provides job skills to the participant. Former WIC § 11454(a). Beginning in December, 2004, the 18 and 24 month welfare-to-work/community service structure was abolished. Under the new structure codified at WIC § 11322.8, a participant's welfare to work plan is basically in effect for as long as s/he receives CalWORKs, with several caveats:
- "Universal Engagement" - Welfare to Work Plan required within 90 Days
- All CalWORKs recipients who are not exempt from welfare to work requirements, are required to sign a welfare to work plan after their assessment and within 90 days of the date eligibility for benefits was established, or 90 days of the date the recipient is required to perform welfare to work activities, or 90 days of the date that the participant completed job search activities. WIC § 11325.21(a).
- The 20 Hour "Core Activity" Requirement
- First, at least 20 of the 32 or 35 hours of welfare to work activities required per week must involve "core activities. WIC § 11320.1(c): These include: employment, work experience, on-the-job training, work-study, self-employment, work-study, self-employment, community service, vocational education, or job search and job readiness assistance. WIC § 11322.8(c). The remaining hours can be distributed to the other activities described at WIC § 11322.6: adult basic education, job skills training or education related to employment, high school or GED course attendance, mental health, substance abuse or domestic violence services described at WIC §§ 11325.7 and 11325.8.
- Second, vocational education and job search and job readiness assistance will only count as a "core activity" for twelve months. This means that while a participant can be in vocational education for more than the 18 or 24 months allowed under the old structure, s/he will have to be involved in at 20 hours per week of "work-like" activities to continue receiving benefits. WIC § 11322.8(c). (Note 29)
- Third, mental health, substance abuse and domestic violence services can be counted toward the 20 hour core activity requirement if they are necessary to enable the participant to participate in the core activities outlined above. WIC § 11322.8(d).
Job Search, Assessment and creation of the Welfare to Work Plan
Under state law, the participant may, at county option, be required to initially do up to four consecutive weeks of job search. WIC § 11325.22(a). (Note 30) If s/he still cannot find a job, an in-depth assessment of the participant's job education, experience, skills, and disabilities is made (WIC §§ 11325.22 and 11325.25), on which will be based the participant's "welfare-to-work plan." WIC § 11325.22(b)(2). If the participant and her worker cannot agree on a work plan, another assessment will be done by an independent party with the resulting work plan binding on both parties. WIC § 11325.4(c). State law also gives a participant the right to request changes to the plan within three working days of having signed it (WIC § 11325.21(b)), and to request reassignment within 30 days. WIC § 11325.22(b)(5).
Employment and Other Work Experience
Based on the assessment, the "welfare-to-work plan" may assign a participant to perform subsidized or unsubsidized employment, internships, on the job training, or other work-like activities, so long as they are directed at obtaining job skills or unsubsidized employment for the participant. WIC § 11322.6. In these "core activities", participants have the rights to:
- compete for job openings at the employment site. WIC § 11324.4(a).
- gain credit towards job seniority. WIC § 11324.4(b).
- a position which does not displace existing workers. WIC §§ 11324.6(a) - 11324.6(h).
- health, safety and representation protections given other workers at the job site. WIC § 11324.6(j).
- unpaid work experience limited to 12 months absent county and participant agreement. WIC § 11324.6(d).
- protection against discrimination on the basis of age, sex, race, religion, national origin, or disability. WIC § 11320.31.
- possibly, to receive benefits which are the equivalent of the federal minimum wage for activities as an "employee" as broadly defined by the Fair Labor Standards Act. 29 U.S.C. § 203(g). See "How Workplace Laws Apply to Welfare Recipients" at 2, U.S. Department of Labor (May 22, 1997). However, the state Department of Social Services believes that welfare to work activities are exempt from the minimum wage. ACL 98-32.
Education and Job Training
Based on the assessment, the "welfare-to-work plan" may also assign a participant to basic adult education and job skills training, including English as a Second Language programs, vocational education, secondary school or GED programs, other education directly related to employment, or job readiness programs. WIC §§ 11322.6(e) - 11322.6(f), 11322.6(k) - (p), 11325.22(b)(3). These job training or education activities will count towards the 20 hour "core activity" requirement for only 12 months. WIC § 11322.8(c). However, the former 18 or 24 month limit on such activities has been repealed. Most education and job training programs will be operated through the community college systems and Private Industry Councils.
Self-Initiated Job Training Programs
In some cases, the recipient may have already begun attending a job training, certificate, or undergraduate degree program. These "self-initiated programs" will be recognized as the "welfare-to-work plan" if the participant is (a) already enrolled and making satisfactory progress in the program, (b) the program will lead to self-supporting employment, (c) the program can be completed within the 18 or 24 month limit for completing welfare to work activities, and (d) the participant does not already have an undergraduate degree (unless s/he is pursuing a teaching credential). WIC § 11325.23; ACL 99-32.
Mental Health, Substance Abuse, and Domestic Violence Services
Based on the assessment, the "welfare to work plan" may also assign a participant to receive mental health, substance abuse, and domestic violence services if these services are necessary to obtain and retain employment. WIC § 11322.6(q). These activities count towards the 20 hour "core activity" requirement if they are necessary in order for the participant to engage in the principal core activities. WIC § 11322.8(d).
- Substance Abuse Services begin with a referral of a job search participant to the local alcohol and drug program for evaluation. Based on this assessment, the welfare to work plan may include treatment, including assignment to a reasonably accessible substance abuse program. Unless the participant is in a residential treatment or other program which places restrictions on patients, the participant must also engage in other work activities after six months of treatment. WIC § 11325.8.
- Domestic Violence Services include counseling and treatment programs. WIC § 11495. Pending promulgation of state regulations (due by January 1, 1999), each county may use currently available standards, procedures and protocols for identifying and assisting abuse survivors, and ensuring confidentiality. WIC §§ 11495.1, 11495.15.
Counties can opt to provide mental health and substance abuse treatment in addition to that required by state law. WIC §§ 11325.7, 11325.8.
Reappraisal of Barriers to Employment
If a participant is unable to find unsubsidized employment after completing the activities set forth in the welfare to work plan, the county will conduct a "reappraisal" to evaluate whether extenuating circumstances prevent a participant from obtaining work. WIC § 11326(a). If such circumstances are found, appropriate additional welfare to work activities will be prescribed. WIC § 11326(b). If no extenuating circumstances are found, the participant can only be assigned to unsubsidized employment, work experience, job skills training, or mental health, substance abuse or domestic violence services. WIC §§ 11326(c), 11322.9. Furthermore, counties are required to offer a learning disabilities screening whenever certain events occur. These events are: (1) when a learning disability is suspected by the county, welfare to work contractor, or participant; (2) when participants are in the good cause determination, compliance, or sanction process; or (3) when participants fail to maintain satisfactory progress in welfare to work activities. ACL 02-64.
Child Care and Support Services
Subsidized child care must be provided for children who are age 10 or under; or require child care due to physical, mental, or developmental disability; or are under court supervision. WIC § 11323.2(a)(1). Subsidies can be paid to child care providers who are exempt from licensing. Education Code § 8208.1. Eligibility for subsidized child care actually extends beyond CalWORKs recipients. Depending on the availability of funding, any family is eligible so long as its income is up to 75% of the state median income. Education Code §§ 8263, 8263.1, and 8354(b).
Child care expenses are paid directly to the child care provider. Education Code § 8357(e). Payments will not be paid for child care provided by parents, legal guardians, or other members of the Assistance Unit. Education Code § 8357(c). The payment rate will be tied to regional market rates. Education Code § 8357(a).
In addition to child care, a participant must be given the cost of transportation (Note 31) to work activities, ancillary expenses such as books needed for an educational program or protective clothing needed at a work assignment, and any available personal counseling. WIC § 11323.2; ACL 01-50. Also, counties are prohibited from establishing a limit on the amount the county will pay a participant for supportive services, even though services are necessary for the individual to participate in welfare-to-work activities, and the cost of the services does not exceed the regional market rate. ACL 00-12.
Furthermore, as a result of the passage of Assembly Bill 429 (Chapter 111, Statutes of 2001), CalWORKs services (i.e., welfare-to-work and supportive services; MPP 82-812.68) are available past the one-month temporary absence period, to CalWORKs parents whose child has been removed from the home and is receiving out-of-home care. Unfortunately, such parents are ineligible for cash benefits. Additionally, CalWORKs services will be available if the county determines that services are necessary for family reunification. These services will be given for 6 months. However, the 6-month time limit can be extended for good cause. WIC § 11203. See also ACL 02-36 for further detail concerning possible continuation of CalWORKs services.
Exempted and Excused Recipients
Exempting a Recipient from Welfare-to-Work Activities
Certain recipients will not be enrolled in the county's welfare to work program. WIC § 11320.3. The exemption will last so long as the recipient is:
- under 16, or under 19 and attending secondary school full-time.
- disabled for at least 30 days.
- over age 60.
- a caretaker of a child who is either a ward of a court or in danger of foster care, whose caretaking responsibilities impair his or her ability to participate.
- a caretaker with an ill or incapacitated household member, whose caretaking responsibilities impair his or her ability to participate.
- a caretaker of a child under six months old, but only on a one time basis. Counties can opt to lengthen the exemption to 12 months or shorten it to 12 weeks. WIC § 11320.3(b)(6)(A)(i)).
Excusing a Recipient from Welfare-to-Work Activities
Even if required to be enrolled in work activities, a participant may be excused for "good cause," including:
- lack of necessary supportive services such as adequate transportation, ancillary expenses such as books or protective clothing, or personal counseling or therapy. WIC §§ 11320.3(f), 11323.2(a).
- unavailability of child care for a child 10 or under, or for a disabled child. 42 U.S.C. § 607(c)(2).
- the participant is an abuse survivor and participation is detrimental to or would penalize the recipient or her family. WIC § 11495.1(a)(3).
- the participant is already enrolled in a self-initiated degree or certification program leading to employment. WIC § 11325.23.
Noncompliance and Good Cause for Noncompliance
"Good Cause" for Not complying with the Welfare-to-Work Plan
Absent good cause, a participant must sign his/her welfare to work plan, participate and make satisfactory progress in assigned activities, including substance abuse programs, and accept suitable employment. Failure to do so can be deemed an "instance of non-compliance" which can lead to sanctions. WIC §§ 11325.8(c)(5) and (c)(6), 11327.4. Section 11320.31 provides that "good cause" can include:
- discrimination on the grounds of age, sex, race, religion, national origin, or physical or mental disability. See also 42 U.S.C. § 607(c), specifying the applicable federal anti-discrimination statutes.
- excessive work hours required by the assignment.
- excessive travel required by the assignment, such as a round trip commute of two hours by car or two miles by foot.
- working conditions on the job which violate health and safety standards.
- situations where work activity would interrupt an approved education or job training program, including a self-initiated program.
- situations where work activity would violate the terms of union membership.
- mental disability. Counties can develop their own standards defining mental disability as "good cause" for failure to comply. WIC § 11327.9.
- any other good cause. Uncodified but found at Stats. 1997, Chap. 270, § 184.
Sanctions, Conciliation and Grievance Procedures
:: Sanctions for Not Complying with Welfare to Work Plan
Sanctions imposed on participants for an "instance of non-compliance" will consist of the removal of the noncomplying participant from the Assistance Unit (AU). The length of the sanction will depend on whether there has been a previous "instance of noncompliance." For the first instance, the sanction will last until the welfare to work activity requirement has been complied with. The second instance results in a sanction lasting the longer of three months, or until the requirement has been complied with. The sanction for a third or other instance will last for the longer of six months or until the requirement has been performed. WIC § 11327.5. If a sanction is imposed for three months or longer (for example, after the second or third instance of noncompliance), the family's rent and utilities are to be paid in vouchers or vendor payments. WIC § 11453.2; ACL 97-66.
No sanctions can be imposed on a participant who would have been exempt from participation but who voluntarily enrolled. WIC §§ 11327.5(b), 11327.6.
:: Conciliation Requirements
Nor can sanctions be imposed unless an attempt has been made to conciliate the dispute. Tight deadlines govern conciliation. A notice of non-compliance will be sent to the participant giving her an opportunity to discuss it. The notice must advise that sanctions will be imposed 30 days after the date of the notice unless the participant, within 20 days of the notice, (a) attends a pre-scheduled appointment with her worker or contacts the county within 20 days after notification, and (b) either shows good cause for non-compliance or agrees to a "compliance plan." The appointment may be rescheduled once. WIC § 11327.4(b). The imposition of sanctions can be appealed to a State Hearing (formerly Fair Hearing) before an administrative law judge.
:: Grievance Procedures
A participant who is dissatisfied with the welfare to work plan or assignment can invoke the county=s grievance procedures, if they exist. (Despite the statutory requirement, some counties have yet to provide a grievance procedure.) These procedures will probably parallel the conciliation procedures utilized when a sanction is contemplated. Exhaustion of the grievance procedure is not a prerequisite to requesting a Fair Hearing. WIC § 11327.8(a).
A participant must comply with his or her welfare to work plan while the grievance or State Hearing is pending. Otherwise, an instance of non-compliance may be found and sanctions imposed. WIC § 11327.8(b).
Notes
26. See also ACL 97-72 (see errata) for detailed implementation guidelines for the CalWORKs welfare-to-work program.
27. See ACL 02-31 for examples of welfare-to-work participation requirements and allowable welfare-to-work activities for two parent assistance units (AU).
28. The state has not issued regulations as of May 2006, and the principal guidance from the agency is ACL 05-19 (August 22, 2005).
29. Hours spent in classroom, laboratory or internship activities related to adult basic education, job skills training or education related to employment, high school or GED course attendance also count toward the 20 hour core activity requirement if they cannot be accomplished within the remaining non-core participation hours, the county determines that the participant's program is likely to lead to self-supporting employment, and the participant is making satisfactory progress in the program. WIC § 11322.8(e).
30. Counties may opt to shorten the "job search" requirement for recipients suffering from emotional or mental disability. WIC § 11325.22(a)(1).
31. See ACL 00-54 for a detailed discussion of how transportation supportive service issues are handled within CalWORKs.
