Wisconsin Legislature: DCF 101.15(3)(b)2.

(2) Trial employment match program job. An employer that employs a participant in the trial employment match program shall agree to do all of the following:

(a) Pay the participant the amount established by contract but not less than minimum wage for every hour actually worked.

(b) Make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.

(d) Inform the participant of the participant’s possible eligibility for federal and state earned income tax credits.

(e) Provide the same education and training opportunities as that provided to similar, unsubsidized employees of the employer and consider providing or arranging for additional education and training opportunities as appropriate.

(f) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9).

(3) Community service job and transitional placement employers. A CSJ or transitional placement employer shall agree to do all of the following:

(a) Provide a structured work environment which includes close supervision and a willingness to mentor and coach CSJ and transitional placement employees to succeed in the workplace.

(b) Provide a position which replicates actual conditions of work and provides responsibilities and expectations similar to unsubsidized employees of the employer considering the participant’s barriers to unsubsidized employment including need for child care or transportation or level of ability.

(c) Cooperate with the W-2 agency by providing verification of the participant’s hours of participation and missed hours.

(d) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9).

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 04-082: am. (2) (f) and (3) (d) Register November 2004 No. 587, eff. 12-1-04; corrections in (2) (f) and (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (2) (title), (intro.), (c), (d) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.15 Case management.

(1) Initial assessment. The W-2 agency shall make an initial assessment of the skills, prior work experience, and employability of each applicant prior to placement in a W-2 employment position.

(2) Employability plan. The FEP shall, in consultation with the W–2 participant, develop a written employability plan for a W–2 participant which includes the participant’s W–2 employment position placement, required activities under s. DCF 101.16, and an identified unsubsidized employment goal. As part of employability planning, the W-2 agency shall administer a functional screening developed by the department. One of the purposes of the screening shall be to determine whether a formal assessment is necessary. The development of the employability plan shall take into consideration any screening or formal assessment results. A W-2 participant may refuse to participate in the functional screening without sanction. Participation in the functional screening may not be a condition of eligibility for a W-2 participant. Nothing in this subsection may be construed to limit the ability of a W-2 agency to require a W-2 participant to comply with ss. DCF 101.08 and 101.09 or required activities under s. DCF 101.16.

(3) Domestic abuse.

(a) Domestic abuse definition. For purposes of this section, “domestic abuse” means any of the following acts that affect the individual and are engaged in by a spouse or former spouse, an adult with whom the individual has or had a dating relationship, an adult with whom the person has a child in common, an adult or minor family member, or an adult or minor with whom the person resides or formerly resided:

1. Physical acts that result in pain, illness, or injury.

2. Sexual abuse or sexual assault.

3. Threats of, or attempts at, physical or sexual abuse.

4. Emotional or mental abuse.

5. Verbal abuse.

6. Deprivation or destruction of physical or economic resources.

7. Neglect or deprivation of medical care.

8. Forced isolation.

9. Stalking or harassment.

(b) Screening.

1. As part of the initial employability planning process, the W-2 agency shall administer a screening to assess the potential that the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse, unless the applicant has voluntarily disclosed the information pursuant to subd. 3.

2. If a W-2 participant was not screened during the participant’s initial employability planning process, a W-2 agency shall administer a screening to assess the potential that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse at the participant’s next review or at the time of the participant’s next change of employment placement, whichever is sooner.

3. A W-2 agency shall allow an individual to voluntarily and confidentially disclose that the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.

4. A W-2 agency may also administer a domestic abuse screening to a W-2 participant at any time that the participant requests it or if the agency worker has reason to believe that the participant may need domestic abuse services.

5. A W-2 agency employee shall attend the department’s 12-hour training on domestic abuse pursuant to s. DCF 103.03 (3) or 103.04 (2) prior to administering a domestic abuse screening under subds. 1., 2., or 4.

1. If a W-2 agency identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the W-2 agency shall provide the individual with information on community–based domestic abuse services.

2. The evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse shall be a positive identification on the department-provided screening instrument or a voluntary disclosure of the information by the participant.

3. The information that a W-2 agency gives to an individual on community-based domestic abuse services shall be:

a. Provided orally and in writing.

b. Current and updated as necessary.

c. Culturally appropriate for the individual participant.

d. Provided in languages other than English as appropriate in accordance with the W-2 contract requirements under s. 49.143 (2), Stats.

4. The information that a W-2 agency provides to an individual on community-based domestic abuse services shall include information on local providers of the following domestic abuse services:

a. Law enforcement for immediate protection.

b. Shelters or programs for battered individuals.

c. Sexual assault provider services.

d. Medical services and counseling.

e. Sexual assault nurse examiners services.

f. Domestic abuse and sexual assault hotlines.

g. Legal counseling and advocacy.

h. Mental health care.

i. Counseling.

j. Support groups.

5. If the individual elects to receive counseling or supportive services, the W-2 agency shall provide appropriate community–based referrals to the individual.

(d) Voluntary participation. A W-2 participant may refuse to be screened for domestic abuse or may refuse information on or referrals to community-based domestic abuse services without sanction. Participation in the domestic abuse screening and information and referral process may not be a condition of eligibility for a W-2 participant.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 02-050: am. (2), cr. (3) Register January 2003 No. 565, eff. 2-1-03; correction in (3) (b) 5. made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611; corrections in (2) and (3) (b) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (3) (b) 2., 3. Register July 2022 No. 799, eff. 8-1-22.

DCF 101.16 Work programs.

(1) Unsubsidized employment.

(a) Job search, orientation and training activities.

1. An individual who applies for a Wisconsin works employment position may be required by the Wisconsin works agency to search for unsubsidized employment during the period that the individual’s application is being processed as a condition of eligibility.

2. A satisfactory search effort for unsubsidized employment may include but is not limited to the following elements: participating in job orientation under subd. 3., making contacts with employers, submitting job applications to employers, participating in job interviews with employers, and conducting any other search activities specified in the participant’s employability plan. The FEP shall determine whether a participant’s search effort for unsubsidized employment is satisfactory on a case-by-case basis. The FEP may deny eligibility for placement in a W-2 employment position for an applicant who fails to complete required unsubsidized employment search activities or an applicant who fails to accept a bona fide offer of employment without good cause under s. DCF 101.20.

3. As a condition of eligibility, a Wisconsin works agency may require an applicant for a Wisconsin works employment position to participate in job orientation while the application is being processed. In this subdivision, “job orientation” means activities designed to help applicants prepare for work by learning general workplace expectations, work behavior and attitudes necessary to successfully compete in the labor market, help an applicant build self-esteem and increase an applicant’s self-confidence.

4. A Wisconsin works agency may require a participant in a Wisconsin works employment position to engage in training activities permitted as part of the participant’s placement under sub. (2), (3) or (4) and included in the W-2 participant’s employability plan.

(am) Review process for participants in a case management services for job-ready individuals placement. Every 30 days that a Wisconsin works agency has provided case management services to a participant in a case management services for job-ready individuals placement and the participant has not obtained unsubsidized employment after legitimate efforts to secure employment, the agency shall review the participant’s case to determine whether the participant should continue in the case management services for job-ready individuals placement or be placed in a trial employment match program job under s. 49.147 (3), Stats., community service job, or transitional placement. In reviewing the participant’s case, the Wisconsin works agency shall consider all of the following:

1. Whether the participant obtained interviews or job offers that matched the participant’s skills, abilities, and interests.

2. Whether previously identified barriers that could be addressed with Wisconsin works services were addressed effectively.

3. Whether previously unidentified barriers have been identified.

(b) Job search assistance. A Wisconsin works agency shall assist a participant with the search for unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in unsubsidized employment over placements under subs. (2) to (4).

(2) Trial employment match program jobs.

(a) In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in a trial employment match program job over a placement in a community service job or transitional placement under subs. (3) and (4).

(b)

1. A Wisconsin works agency shall pay a wage subsidy to an employer that employs a participant in a trial employment match program job and agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.

2. The wage subsidy for full-time employment of a participant may not exceed the amount provided under s. 49.147 (3) (a), Stats. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying the amount provided under s. 49.147 (3) (a), Stats., for full-time employment of a participant by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours which would be required for full-time employment in that month.

(c) Education or training activities. A trial employment match program job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial employment match program job.

(d) Worker’s compensation. The employer shall provide the participant with worker’s compensation coverage as provided under s. DCF 101.14 (2) (c).

(e) Time-limited participation.

1. A W-2 participant may participate in a trial employment match program job for a maximum of 3 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin works agency. A participant may participate in more than one trial employment match program job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive.

2. The department, or the Wisconsin works agency with the approval of the department, may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin works agency and approved by the department.

(3) Community service job.

(a) In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement in a community service job priority over a transitional placement under sub. (4). After each 6 months of an individual’s participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works agency shall reassess the individual’s employability.

(b) Education or training activities. A CSJ participant may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. Permissible education and training activities shall include only the following:

1. A course of study meeting the standards established under s. 115.29 (4), Stats., for the granting of a declaration of equivalency of high school graduation.

2. Technical college courses.

3. Educational courses that provide an employment skill.

4. English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual’s efforts to obtain employment.

5. Adult basic education courses that the Wisconsin works agency determines would facilitate an individual’s efforts to obtain employment.

6. Employer-sponsored training.

1. Except as provided in par. (d) and s. 49.147 (4) (av) and (5m), Stats., a Wisconsin works agency may require a participant placed in a community service job program to work not more than 30 hours per week in a community service job. Except as provided in subd. 2., a Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities under par. (b) for not more than 10 hours per week.

2. A W-2 agency may aggregate education and training activities hours in combination with work activities to allow participants access to approved training programs which may require more than 10 hours per week within the first months of participation in a CSJ. The FEP shall modify the participant’s employability plan to reflect the aggregated education and training activities hours. Failure to participate in the aggregated education and training activities hours without good cause as determined by the FEP may result in application of a sanction under s. DCF 101.18 (1) (b).