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Document Citation:
Wis. Adm. Code DWD 820.05
Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF WORKFORCE DEVELOPMENT
CHAPTER DWD 820 EMPLOYMENT AND TRAINING ASSISTANCE FOR DISLOCATED WORKERS
Date:
08/31/2009
Document:
DWD 820.05 Eligible participants.
Any person participating in an employment and training program under this chapter shall be determined eligible pursuant to the PPM and the following eligibility criteria:
(1) FEDERAL REQUIREMENTS. Pursuant to 29 USC 1651 (a), eligible dislocated workers means individuals to whom the following apply:
(a) Unlikely to return. Individuals who have been terminated or laid off or who have received a notice of termination or layoff from employment, are eligible for or have exhausted their entitlement to U.C. and are unlikely to return to their previous industry or occupation;
(b) Permanent closure or substantial layoff. Individuals who have been terminated or have received a notice of termination of employment as a result of any permanent closure of or any substantial layoff at a plant, facility or enterprise;
(c) Long-term unemployed. Individuals who are long-term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including older individuals who may have substantial barriers to employment by reason of age; or
(d) Self-employed. Individuals who were self-employed, including farmers and ranchers and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters pursuant to sub. (3).
(2) STATE REQUIREMENTS. In addition to sub. (1), any person served shall meet all of the following:
(a) Period of dislocation. The person shall be dislocated from his or her place of employment within the last 5 years.
(b) Age and work history. A person over 22 years of age shall have at least 2 years continuous or intermittent previous work history. A person 21 years of age or younger shall have at least 4 years of previous work history. Victims of a permanent plant or facility closing or substantial layoff are exempt from all work history requirements.
(c) Recall date not specific. The person does not have a specific recall date from the employer.
(3) DISLOCATION OF SELF-EMPLOYED. Self-employed individuals or their family members and farm or ranchhands may be eligible as follows:
(a) Self-employed. Self-employed individuals may include farmers, ranchers, professionals, independent tradespeople and other business persons who were self-employed and are dislocated because of natural disasters pursuant to 20 CFR 631.3 (e) or as a result of general economic conditions in the community in which they reside pursuant to 20 CFR 631.3 (c) and are one of the following:
1. Unemployed pursuant to 20 CFR 631.3 (d) (1) and s. DWD 820.02 (80).
2. Going out of business or likely to terminate operations pursuant to 20 CFR 631.3 (d) (2) because a notice of foreclosure has been filed or the intent to foreclose on the business entity is evident; a petition for bankruptcy has been filed or the business has been adjudicated bankrupt; the capital necessary to continue business operations cannot be obtained; or outstanding payments are owed on a loan to finance the business premises.
(b) Family members and farm or ranchhands of self-employed. Pursuant to 20 CFR 631.3 (d) (3), family members and farm or ranchhands of self-employed individuals may be eligible to participate in the program to the extent that their contribution to the business operation amounts to a minimum of 30 hours per week.
(4) OTHER ELIGIBLES. Additional dislocated workers and nonresidents may be eligible to receive services as follows:
(a) Additional dislocated workers. Services may be provided to additional dislocated workers as defined in 29 USC 1651 (a) (2) only if it is determined that the services may be provided without adversely affecting the delivery of services to eligible dislocated workers. The department shall determine service levels to additional dislocated workers in the biennial state plan under s. DWD 820.06.
(b) Nonresidents. Pursuant to 29 USC 1661 (b) (1) (B) and (C), services may not be denied to an eligible dislocated worker displaced by a permanent closure or substantial layoff within the state regardless of the state of residence of the worker. Services may be provided to other eligible dislocated workers regardless of the state of residence of the worker.
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