Section 701.380 - Good Cause Criteria(A)Good Cause Reasons. There are certain TCAP program requirements that must be met. They include but are not limited to: TAFDC Employment Services Program (ESP) participation, TAFDC time limit extensions, TAFDC Work Program, EAEDC Temporary Employment for Massachusetts' Parents (TEMP) participation, and eligibility review appointments. Clients may claim good cause for failure to meet Department requirements above as well as for failure or refusal to accept a bona fide offer of employment, or for a reduction in earnings from employment because of absences or terminating employment. Clients may claim good cause for failure to meet TCAP program requirements due to one or more of the following situations:
(1) Appropriate state-standard child care is totally unavailable, or unavailable during the applicant's or client's hours of training or employment, including commuting time, or arrangements for child care have ended, been interrupted or not yet been made due to no fault or delay of the applicant or client. State-standard child care is child care which is licensed or is exempt from licensure. Factors considered in determining whether child care is appropriate will include recommendations of the Department of Early Education and Care or what a reasonable and responsible parent would consider in deciding whether a child care slot is appropriate, including the time needed to travel to and from the child care provider and the applicant's or client's home, work or other activities;(2) A family crisis or emergency situation or other compelling circumstance, that is beyond the control of the applicant or client that:(a) demands the applicant's or client's immediate attention; and(b) can only be attended to by the applicant or client during the hours of his or her employment or scheduled Department requirement. A family crisis or emergency situation may include illness, injury, health conditions, hospitalizations or exacerbation of chronic illnesses that temporarily prevent participation, regardless of the applicant's or client's disability exemption status;(3) Refusal of an offer of employment that is at a wage level below the applicable federal or state minimum wage laws;(4) Refusal of employment, an offer of employment, or an activity because the employer or provider of the activity discriminates in terms of age, sex, sexual orientation, race, religion, ethnic origin, or physical or mental disability;(5) Refusal of employment because of conditions that violate applicable health and safety standards; or(6) Refusal of employment that is available only due to a strike or lockout.(7) The TAFDC client, who has requested a disability exemption and who is not eligible for presumptive disability benefits due to a previous denial, has a health condition or illness which prevents him or her from complying with the work program requirement, the requirements of a TAFDC Employment Development Plan (EDP), or work activities related to receiving a time limit extension.(8) For TAFDC Work Program and EDP purposes only, the hourly requirements were not met because: (a) The applicant or client does not have affordable and reliable transportation;(b) The applicant or client is participating in housing search in an emergency shelter; or(c) The applicant or client does not have an available and appropriate Department-identified Community Service site. The Department has the primary responsibility to locate a Community Service site for the applicant or client.(9) Clients whose verified temporary health issue is expected to last between 30 and 90 days will be granted good cause for failure to meet the work program requirement in accordance with 106 CMR 703.150: TAFDC Work Program.(B)Good Cause Verifications. Verification of good cause is required. (1) Lack of available and appropriate state-standard child care is verified by a written, dated and signed statement from an appropriate official of the Department of Early Education and Care, stating that such services are unavailable during the hours of the applicant's or client's employment or training. If there is a breakdown of care not provided through a designated agency, a statement from the child care provider, or, if not available, a written, dated and signed statement from the applicant or client must be submitted.(2) The occurrence of a family crisis, emergency situation or other compelling circumstances is verified by a written, dated and signed statement from the applicant or client describing the family crisis, emergency situation or other compelling circumstances and a collateral contact with another individual or organization involved in such situation. To the extent possible, the collateral contact shall not be a family member.(3) Employment, or an offer of employment, below the applicable federal or state minimum wage laws shall be verified by a written, dated and signed statement from the applicant or client and, if appropriate, by a collateral contact with the employer made by the Department.(4) Employment, offer of employment or activity for employment whose employer discriminates on the basis of age, sex, sexual orientation, race, religion, ethnic origin, or disability shall be verified by a written, dated and signed statement from the applicant or client and, if appropriate, by a collateral contact with the employer made by the Department.(5) Conditions that violate health and safety standards shall be verified by a written, dated and signed statement from the appropriate local, state or federal enforcement agency or board.(6) A strike or lockout shall be verified by a written, dated and signed statement from the collective bargaining representative or the employer.(7) The good cause reason described in 106 CMR 701.380(A)(7) may only be verified by a competent medical authority on a form prescribed by the Department which certifies that the applicant or client has a health condition or illness that will last longer than 90 days that prevents him or her from meeting the work program requirement, requirements of a TAFDC EDP or work activities related to qualifying for a TAFDC time limit extension. The form will indicate the length of the good cause period. The good cause period, however, will end once the final disability determination is made by the agency or organization providing disability evaluation services. Verification by self-declaration is not acceptable.(8) The good cause reason described in 106 CMR 701.380(A)(8)(a) shall be verified by supporting documents, and, if necessary, a signed self-declaration.(9) The good cause reason described in 106 CMR 701.380(A)(8)(b) shall be verified by a written, dated and signed statement from the Housing Assistance Program (HAP) agency.(10) The good cause reason described in 106 CMR 701.380(A)(8)(c) shall be verified by the Department.(11) The good cause reason described in 106 CMR 701.380(A)(9) that prevents the client from meeting his or her work program requirement shall be verified by a competent medical authority's statement that indicates the duration of the period that the client cannot meet the work program requirement. The statement must be on the competent medical authority's letterhead and signed by the competent medical authority or on a form prescribed by the Department.Amended by Mass Register Issue 1310, eff. 4/8/2016.Amended by Mass Register Issue 1360, eff. 3/9/2018.