DCF 101.20(3) (3) Written documentation. In making a good cause determination, the FEP may require that the W-2 employment position participant provide written documentation that good cause existed before accepting a good cause reason for a participant’s absence from required activities if both of the following apply:

DCF 101.20(3)(a) (a) The participant has a pattern of absences of more than 3 consecutive days or more than 5 days in a rolling 30-day period. An absence means being absent from any one required activity. A pattern of absences may include past absences for which a good cause reason was accepted.

DCF 101.20(3)(b) (b) The FEP has reason to believe that the participant is misusing the good cause policy.

DCF 101.20 History History: 1997, No. 502, eff. 11-1-97; am. (2), Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 08-034: r. and recr. Register December 2010 No. 660, eff. 1-1-11; CR 21-091: am. (1) (intro.) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.21 DCF 101.21 Sanctions — Refusal to participate.

DCF 101.21(1) (1) In this section:

DCF 101.21(1)(a) (a) “Appropriate” means consistent with an individual’s employability plan.

DCF 101.21(1)(b) (b) “Employer” means a person, entity, or Wisconsin works agency that provides employment for an individual.

DCF 101.21(1)(c) (c) “Employment” means work, work experience, or training assigned to an individual.

DCF 101.21(1)(d) (d) “Individual” means a participant in a Wisconsin works employment position or a second parent in the participant’s Wisconsin works group who is subject to a work requirement under s. DCF 101.27.

DCF 101.21(1)(e) (e) “Misconduct” means one or more actions or conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of its employees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer’s interests, or of an employee’s duties and obligations to an employer. In addition, “misconduct” includes any of the following:

DCF 101.21(1)(e)1. 1. A violation by an individual of an employer’s reasonable written policies concerning the use of alcohol beverages, controlled substances defined in s. 961.01(4), Stats., or controlled substance analogs defined in s. 961.01 (4m), Stats.

DCF 101.21(1)(e)2. 2. Theft of an employer’s property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an individual’s employment with an employer, or intentional or negligent conduct by an individual that causes substantial damage to an employer’s property.

DCF 101.21(1)(e)3. 3. Conviction of an individual of a crime, while on or off duty, if the individual is unable to perform the duties that the individual performs for an employer due to the conviction.

DCF 101.21(1)(e)4. 4. One or more threats or acts of harassment, assault, or other physical violence by an individual at an employment site.

DCF 101.21(1)(e)5. 5. Use of profane or abusive language directed toward staff or others at an employment site.

DCF 101.21(1)(f) (f) “Participation period” means the 16th of one month to the 15th of the next month.

DCF 101.21(1)(g) (g) “Training” means education or training assigned by the Wisconsin works agency under s. 49.147 (3) (am), (4) (am), or (5) (bm), Stats.

DCF 101.21(2) (2) A Wisconsin works agency shall provide to each individual in the program a written description of the following:

DCF 101.21(2)(a) (a) The individual’s obligation to participate in assigned activities.

DCF 101.21(2)(b) (b) The actions under sub. (3) that demonstrate a refusal to participate.

DCF 101.21(2)(c) (c) The individual’s ineligibility to participate in the Wisconsin works program for 3 months if an individual in the Wisconsin works group demonstrates a refusal to participate.

DCF 101.21(3) (3) An individual demonstrates a refusal to participate if the individual does any of the following:

DCF 101.21(3)(a) (a) Is discharged from employment for misconduct or engages in misconduct on the premises of an employer.

DCF 101.21(3)(b) (b) Fails to appear or appears more than 15 minutes after the scheduled start time of an interview with a prospective employer, a job fair, or a meeting with a prospective employer that was arranged by the Wisconsin works agency.

DCF 101.21(3)(c) (c) Leaves an interview or a meeting with a prospective employer prior to the conclusion of the interview or meeting.

DCF 101.21(3)(d) (d) Appears for an interview or a meeting with a prospective employer wearing inappropriate attire or exhibiting inappropriate grooming after receiving written or oral directions or training on appropriate attire and grooming.

DCF 101.21(3)(e) (e) Fails to complete a job application required by a prospective employer.

DCF 101.21(3)(f) (f) Communicates to a prospective employer an unreasonable requirement for salary, hours of employment, or working conditions that disqualifies the individual from employment with that employer.