Section 362.330 - Good Cause Criteria for the General SNAP Work RequirementsGood cause for failure to meet the general SNAP work requirements found at 106 CMR 362.310 exists in the following situations:
(A)Good Cause Reasons. (1) Suitable state-standard child care is totally unavailable, or unavailable during the individual's hours of training or employment, including additional commuting time, or arrangements for child care have broken down or have been interrupted. This includes the unavailability of suitable child care for children with identified special needs;(2) The individual, a member of the individual's immediate family, or anyone whose relationship to the individual makes it appropriate for the individual to provide care or support during a crisis or emergency situation, suffers a family crisis or emergency situation or other compelling circumstances, beyond the control of the individual that: (a) demands the individual's immediate attention;(b) can only be attended to by the individual; and(c) can only be attended to by the individual during the hours of his or her employment or work program activity. Examples of crisis or emergency situations include, but are not limited to, a death, a health emergency, domestic violence or a child's school problem;
(3) The employment or offer of paid employment is at a wage level below the higher of: (a) the applicable federal minimum wage;(b) the applicable state minimum wage; or(c) 80% of the federal minimum wage, if neither the federal nor the state minimum wage applies to the job, the applicable federal or state minimum wage laws, or the prevailing rate for similar work, whichever is applicable; or the daily or weekly hours of work are more than customary to the occupation;(4) The employer discriminates in terms of age, sex, race, religion, ethnic origin, or disability;(5) The employment is available due to a strike or lockout;(6) The employment causes an unreasonable risk to health and safety;(7) The working hours or nature of the employment interferes with the client's religious observances, convictions or beliefs; and/or(8) The employment would require travel time in excess of two hours, not including the time necessary to transport family members to a school or a place providing care, or, if walking, the round trip distance is more than two miles.(B)Verifications. Verification of good cause is mandatory. The following are the specific verifications for the good cause reasons specified in 106 CMR 362.330(A): (1) The unavailability, or breakdown or interruption of suitable, state-standard childcare shall be verified by a written, dated and signed statement from an appropriate official of the designated agency under contract with the Department, stating that such services are unavailable in the area, or are unavailable during the hours of the individual's employment or training. If there is a breakdown of suitable, state-standard childcare which is not provided through a designated agency under contract with the Department appropriate verifications, such as a statement from the childcare provider, must be submitted.
If these childcare services have been interrupted, verification shall be by a written, dated and signed statement from an appropriate official of the designated agency under contract with the Department, or from the childcare provider.
If childcare services are otherwise available, the individual may not refuse a Department referral to a childcare facility that provides suitable state-standard childcare within a reasonable distance from the individual's home.
Unavailability of suitable childcare for children with identified special needs shall be verified by:
(a) A written, dated, and signed statement from a competent medical authority, or appropriate school official that the child in question has a disability, as recognized under state law, or has other specific needs; and(b) A written, dated, and signed statement from the designated agency under contract with the Department stating that suitable childcare services are unavailable, within reasonable proximity, to the individual and his or her family.(2) The occurrence of a serious family crisis, an emergency situation, or other compelling circumstances, as described by 106 CMR 362.330(A)(2), shall be verified by a written, dated, and signed statement from the individual describing the crisis, emergency situation or other compelling circumstances and a collateral contact with another individual or organization involved in the situation. To the extent possible, the collateral contact shall be with a third party who is not a family member;(3) Employment, or an offer of employment, below the applicable federal or state minimum wage, or exceeding the customary daily and weekly hours of work shall be verified by a written, dated, and signed statement from the individual and, if appropriate, by a collateral contact with the employer made by the Department;(4) Employment, offer of paid employment or activity for employment which discriminates on the basis of age, sex, race, religion, ethnic origin, or disability shall be verified by a written, dated, and signed statement from the individual and, if appropriate, by collateral contact with the employer made by the Department; and(5) A strike or lockout shall be verified by a written, dated, and signed statement from either the collective bargaining representative or the employer. The good cause criteria described in 106 CMR 362.330(B) applies to SNAP work requirements only. They do not apply to ABA WD work program requirements.
Amended by Mass Register Issue 1332, eff. 2/10/2017.