SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed June 5, 2020, 10:49 a.m.]
Preproposal statement of inquiry was filed as WSR 20-08-111.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-310-1300 Community jobs.
Hearing Location(s): On July 21, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up to date information.
Date of Intended Adoption: Not earlier than July 22, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., July 21, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by July 7, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments to WAC 388-310-1300 will strike inoperative rule language related to unemployment compensation, as eligibility for unemployment compensation is determined by the employment security department.
Reasons Supporting Proposal: Proposed amendments to WAC 388-310-1300 will better align the rule with statutory authority.
Statute Being Implemented: None.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jake Deskins, P.O. Box 45470, Olympia, WA 98504-5770, 360-725-4639.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
. This amendment is exempt as allowed under RCW 34.05.328
(5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.["]
Explanation of exemptions: These amendments do not impact small business. They only impact DSHS clients.
June 4, 2020
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 15-24-057, filed 11/24/15, effective 1/1/16)
WAC 388-310-1300Community jobs.
(1) What is the community jobs program?
Community jobs is a paid work experience that assists you to gain work skills and experience. You are placed in a community job (up to twenty hours per week) where your wages are paid by the community jobs program. If you participate in the program, you are eligible for support services that assist you in moving into a job where your employer pays all your wages.
(2) What is career jump?
Career jump offers job-ready community jobs participants an opportunity to gain paid work experience that leads to a permanent job. This program is a subset of community jobs and will be referred to as such. Career jump places you in a part time (up to twenty hours per week), community job where your earnings are paid by the community jobs program, for up to five months, at which time you will transition to the employer's payroll. You will be provided with support services to assist you in retaining your job through the ninth month of the program. At or before the fifth month, the employment opportunity will be above minimum wage, thirty-two or more hours per week and include wage progression and benefits comparable to other employees.
(3) Who administers the community jobs program?
The department of commerce (commerce) administers the community jobs program. Commerce contracts with local agencies throughout the state, known as community jobs contractors who develop and manage the community jobs positions, pay the wages, provide support services and act as the "employer of record" while you are enrolled in a community job.
(4) What types of work sites are used to provide community jobs?
The following work sites may be used to provide community jobs:
(a) Federal, state or local governmental agencies and tribal governments;
(b) Private and tribal nonprofit businesses, organizations and educational institutions;
(c) Private for profit businesses for career jump placements.
(5) What are the requirements for the work sites?
Work sites for community jobs and career jump:
(a) Must assist in strengthening work ethics, improve workplace skills and help you gain skills to move into a job where the employer pays all your wages. If they do not meet this requirement, they will not be considered for additional community jobs/career jump placements.
(b) We will follow the employment rules described in WAC 388-310-1500. In any situation where training is inconsistent with the terms of a collective bargaining agreement, your community jobs contractor will obtain written approval from the labor organization concerned. Career jump employers will remain neutral with regard to neutralization in the worksite.
(c) You will not be required to do work related to religious, electoral or partisan political activities.
(6) What are the benefits of community jobs?
You benefit from community jobs by:
(a) Learning work skills;
(b) Getting work experience;
(c) Working twenty hours per week, while being paid federal, state, or local minimum wage, whichever is higher; and
(d) Earning paid personal leave as determined by commerce.
(7) How do I get into community jobs?
You will be placed into community jobs after you and your DSHS case manager decide:
(a) You would benefit from community jobs after you have participated in job search without finding a job; and/or
(b) You need a supportive work environment to help you become more employable.
(8) What happens after I am placed in the community jobs program?
When you are placed in the community jobs program by DSHS:
(a) You will be assigned to a community job by the community jobs contractor for no more than nine months. You will work twenty hours a week and participate in any other unpaid activities as required in your individual responsibility plan for:
(i) Three additional hours per week when you are a single parent or caretaker relative with a child under six.
(ii) Twelve to twenty additional hours per week when you do not meet the criteria in (8)(a)(i).
(b) Your placement in community jobs will be reviewed by your DSHS case manager every three months during your nine-month placement for the following:
(i) To ensure you are TANF/SFA eligible; and
(ii) To verify any earned or unearned income received by you or another member of your assistance unit (that is, you and other people in your household who are included on your cash grant).
(c) Your community jobs contractor will review your case each month to ensure you are following your IRP and IDP, participating full time, and becoming more employable because of your community job;
(d) If you request a different community jobs placement, we do not consider your request a refusal to participate without good cause under WAC 388-310-1600. You may be asked to explain why you want a different placement;
(e) Grievance policies are in place for your protection. You will be required to sign an acknowledgment that you received a copy of this policy at the time of placement with the employer.
(9) How does community jobs affect my TANF benefits?
The amount of your TANF/SFA monthly grant will be determined by following the rules in WAC 388-450-0050 and 388-450-0215 (1), (3), (4), (5) and (6). WAC 388-450-0215(2), does not apply to your community jobs wages.
(10) What can I expect from my career jump placement?
(a) You cannot represent more than ten percent of the total labor force for an employer that has ten or more employees.
(b) No more than one community jobs participant shall be allowed per private for profit worksite supervisor.
(c) You will participate in developing a career progression plan that will include health care benefits comparable to other employees.
(d) ((You may be eligible for unemployment benefits if you have participated in community jobs' career jump and have worked at least six hundred eighty hours in a base year. You will gain unemployment insurance credits for all hours worked under your career jump placement.
(e))) Your employer and your community jobs contractor will be required to follow commerce's contractual agreements for career jump.