DCF 101.11 HistoryHistory: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. (1) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) Register July 2022 No. 799, eff. 8-1-22; merger of (1) treatments by CR 21-090 and CR 21-091 made under s. 13.92 (4) (bm), Stats., Register July 2022 No. 799.
DCF 101.12DCF 101.12Eligibility date. The eligibility date for a W-2 employment position wage or benefit payment is the date the applicant has met all W-2 eligibility requirements and has begun participating in a W-2 employment position.
DCF 101.12 HistoryHistory: Cr. Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.13DCF 101.13Review of eligibility. A W-2 agency shall periodically review an individual’s eligibility. A Wisconsin works employment position participant remains eligible under s. DCF 101.09 (3m) and (4) until the W-2 group’s assets or income is expected to exceed the asset or income limits under s. DCF 101.09 (3m) or (4) for at least 2 consecutive months.
DCF 101.13 HistoryHistory: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. Register, January, 2001, No. 541, eff. 2-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. Register July 2022 No. 799, eff. 8-1-22.
DCF 101.14DCF 101.14Employer criteria.
DCF 101.14(1)(1)The W-2 agency shall ensure that an employer providing a Wisconsin works employment position meets criteria as specified under subs. (2) to (3) in order to employ a participant in a W-2 employment position. An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.
DCF 101.14(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:
DCF 101.14(2)(a)(a) Pay the participant the amount established by contract but not less than minimum wage for every hour actually worked.
DCF 101.14(2)(b)(b) Make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.
DCF 101.14(2)(c)(c) Provide the participant with worker’s compensation coverage.
DCF 101.14(2)(d)(d) Inform the participant of the participant’s possible eligibility for federal and state earned income tax credits.
DCF 101.14(2)(e)(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.
DCF 101.14(2)(f)(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).
DCF 101.14(3)(3)Community service job and transitional placement employers. A CSJ or transitional placement employer shall agree to do all of the following:
DCF 101.14(3)(a)(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.
DCF 101.14(3)(b)(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.
DCF 101.14(3)(c)(c) Cooperate with the W-2 agency by providing verification of the participant’s hours of participation and missed hours.
DCF 101.14(3)(d)(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).
DCF 101.14 HistoryHistory: 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 101.15DCF 101.15Case management.
DCF 101.15(1)(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.
DCF 101.15(2)(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.
DCF 101.15(3)(3)Domestic abuse.
DCF 101.15(3)(a)(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:
DCF 101.15(3)(a)1.1. Physical acts that result in pain, illness, or injury.
DCF 101.15(3)(a)2.2. Sexual abuse or sexual assault.
DCF 101.15(3)(a)3.3. Threats of, or attempts at, physical or sexual abuse.
DCF 101.15(3)(a)4.4. Emotional or mental abuse.