461-130-0327 Effective 12/29/11
Good Cause; Employment Programs
In a Department employment program administered under these rules (OAR 461-130-0305 to 461-130-0335):
- The Department does not require a client to provide verification of good cause if providing the verification would expose the client to increased risk of domestic violence (see OAR 461-001-0000).
- If in making a determination under this rule a client's physical or mental impairment is in question, the Department may require the client to provide documentation from a qualified and appropriate medical professional.
- A client is excused for good cause from a failure to comply with a requirement of an employment program, including an activity in a case plan (both terms defined in OAR 461-001-0025) in the following circumstances:
- Participation in a required activity in a case plan would have an adverse effect on or risk to the client's physical or mental health or would expose the client to increased risk of domestic violence (see OAR 461-001-0000).
- Except in the SNAP program, participation is likely to cause undue hardship for the dependent child (see OAR 461-001-0000) or the client.
- Appropriate child care, or day care for an individual in the household who has a disability (see OAR 461-001-0000 and 461-001-0015 as applicable) that substantially reduces or eliminates the individual's ability to care for himself or herself, cannot be obtained. "Appropriate child care" means that--
- Both the provider and the place where care is provided meet health, safety, and provider requirements as required in OAR 461-165-0180;
- The care accommodates the parent's work schedule; and
- The care meets the specific needs of the dependent child, such as age and special-needs requirements.
- The work attachment position or employment offered is vacant due to a strike, lockout, or other labor dispute.
- The work attachment position or employment requires the client to join a union, and the client has religious objections to unions.
- The client belongs to a union and the employment violates the conditions of the client's membership in the union.
- The wage for the client's current or potential job is:
- Less than applicable minimum wage; or
- If minimum wage laws do not apply, the wage (rate for piece work) is less than that normally paid for similar work.
- The client's prospective employer engages in employment practices that are illegally discriminatory on the basis of age, sex, race, religious or political belief, marital status, disability, sexual orientation, or ethnic origin.
- The client's participation in a required activity in a case plan would prevent or interfere with the client's participation in an activity of the Grande Ronde Tribe's NEW program.
- The client's failure to participate is due to a circumstance beyond his or her reasonable control.
- When the failure to comply is caused by an aspect of the client's disability, including the Department's failure to provide a reasonable accommodation.
- The client quits a job to accept another job with a monthly income at least equal to the monthly income of the first job.
- The Department determines there are no appropriate activities or necessary support services (see OAR 461-001-0025) to support an activity (see OAR 461-001-0025) in order for the client to participate.
- In the SNAP program, a client is excused from not accepting employment or for leaving a job under the following circumstances:
- The hours or nature of the job interferes with the client's religious observances, convictions, or beliefs.
- The client accepts employment or enrolls at least half-time in any recognized school, training program, or institution of higher education that requires the client to quit a job.
- A client accepts employment or enrolls in school in another county, requiring the benefit group to move and the client to quit a job.
- A client less than 60 years of age resigns, and the employer recognizes the resignation as retirement.
- The client leaves a job to follow a type of employment that moves from one area to another, such as migrant labor or construction.
- The client accepts a job that, for reasons beyond the control of the client, does not materialize or results in fewer work hours or a lower wage than the client's previous job.
- Work demands or conditions, such as not being paid for work or not being paid on schedule, make employment unreasonable.
- The wage for the client's current or potential job is less than applicable minimum wage or, if minimum wage laws do not apply, the wage (rate for piece work) is less than that normally paid for similar work.
- The work schedule for the job in question does not conform to hours customary to the occupation or the hours worked each week are more than those customary to the occupation.
- The client is not obligated to accept a job during the first 30 days of registration for employment if the job is not in the client's field of experience.
- The client has no means of transportation and would have to walk an unreasonable distance to meet the participation requirement. An "unreasonable distance" is a distance that requires a commute of more than two hours each day. The client must make a good-faith effort to secure the needed transportation.
- Lack of adequate child care for a child who is six years of age or older and less than 12 years of age.
Stat. Auth.: ORS 409.050, 411.060, 411.816, 412.006, 412.009, 412.049
Stats. Implemented: ORS 409.010, 411.060, 411.117, 411.816, 412.006, 412.009, 412.049