DCF 101.195(1)(c)(c) The number of hours missed on the dates of nonparticipation.
DCF 101.195(1)(d)(d) The amount to be deducted from the benefit for each hour of nonparticipation.
DCF 101.195(2)(2)Termination. Before taking any action that would result in termination of a participant’s eligibility to participate in Wisconsin works, a Wisconsin works agency shall issue a written notice to the participant. The notice shall include a date and description of the deficiency, failure, or other behavior that has resulted in the termination of eligibility.
DCF 101.195(3)(3)Reasonable time to rectify.
DCF 101.195(3)(a)(a) In this subsection, “reasonable time” means within 7 business days after the date of the written notice issued by the Wisconsin works agency under sub. (1) or (2).
DCF 101.195(3)(b)(b) A participant who believes the Wisconsin works agency’s decision to reduce benefits or terminate eligibility is in error may, within a reasonable time, provide the Wisconsin works agency with a good cause reason for the deficiency, failure, or other behavior to avoid the reduction of benefits or termination of eligibility.
DCF 101.195(3)(c)(c) If the Wisconsin works agency determines the participant had good cause under s. DCF 101.20, the Wisconsin works agency shall take action to restore the participant’s benefits or eligibility to the level determined to be appropriate by the Wisconsin works agency retroactive to the date on which the benefit or eligibility was incorrectly reduced or terminated.
DCF 101.195(3)(d)(d) If the participant does not provide the Wisconsin works agency with a good cause reason within a reasonable time or if the Wisconsin works agency determines the participant did not have good cause under s. DCF 101.20, the Wisconsin works agency shall proceed with the proposed action to reduce benefits or terminate eligibility.
DCF 101.195 HistoryHistory: CR 17-066: cr. Register July 2018 No. 751, eff. 8-1-18.
DCF 101.20DCF 101.20Determination of good cause.
DCF 101.20(1)(1)Good cause circumstances. The FEP shall determine if a W-2 employment participant had good cause for not complying with the W-2 participation requirements or for failing to appear in person or by representative at a scheduled review under s. 49.152 (2), Stats. No good cause shall exist unless the participant provides timely notification of the good cause reason to the FEP. Good cause shall be any of the following circumstances:
DCF 101.20(1)(a)(a) A required court appearance, including a required court appearance for a victim of domestic abuse.
DCF 101.20(1)(b)(b) Necessary child care is unavailable and the W-2 agency is unable to provide child care or refer the participant to alternate child care arrangements.
DCF 101.20(1)(c)(c) Lack of transportation with no reasonable alternative, as determined by the FEP. In determining the reasonableness of transportation alternatives, the FEP shall consider the length of the participant’s commute, participant safety, the cost of the transportation relative to the participant’s income, and other relevant factors.
DCF 101.20(1)(d)(d) Participant or W-2 group member’s illness, injury, disability, or incapacity.
DCF 101.20(1)(e)(e) Accommodations that have been determined necessary in a formal assessment are not available to allow the participant to complete the assigned activity.
DCF 101.20(1)(f)(f) Conflict with another assigned W-2 activity or job search attempts.
DCF 101.20(1)(g)(g) Inclement weather that impedes transportation or travel.
DCF 101.20(1)(h)(h) School emergency.
DCF 101.20(1)(i)(i) Domestic violence issues.
DCF 101.20(1)(j)(j) Observance of a religious holiday.
DCF 101.20(1)(k)(k) Routine medical or school appointments that cannot be scheduled at times other than during assigned activities.
DCF 101.20(1)(L)(L) Child’s school holiday, excluding summer break.
DCF 101.20(1)(m)(m) Any day that the worksite or training site is closed due to a site-specific holiday.
DCF 101.20(1)(n)(n) Death in the participant’s immediate family. For purposes of this paragraph:
DCF 101.20(1)(n)1.1. “Immediate family” means a participant’s spouse, nonmarital co-parent, step-parent, grandparent, foster parent, child, step-child, grandchild, foster child, brother and his spouse, sister and her spouse, aunt, uncle, son-in-law, daughter-in-law, cousin, niece and nephew of the participant or the participant’s spouse or nonmarital co-parent, and other relatives of the participant or the participant’s spouse or nonmarital co-parent if these other relatives reside in the same household as the participant.
DCF 101.20(1)(n)2.2. A participant may be granted good cause for no more than 3 business days if only local travel is necessary to attend the funeral services. A participant may be granted good cause for no more than 7 business days if long-distance travel is required to attend the funeral services. In general, the good cause period may not exceed the week following the death of a member of the participant’s immediate family, but the FEP may lengthen the timeframe for good cause depending upon individual circumstances.
DCF 101.20(1)(o)(o) Other circumstances beyond the control of the participant, but only as determined by the FEP. The FEP shall consider what a reasonable employer may allow under its absence policy and hardships that make completing activities and notifying the agency of missed activities more difficult for W-2 participants.
DCF 101.20(2)(2)Timely notification. The participant shall notify the FEP of the good cause reason within 7 business days after an absence from a required activity to prevent a payment reduction under s. 49.148 (1) (b) 1., (b) 3., or (c), Stats.