16 Del. Admin. Code § 3000-3025

Current through Register Vol. 28, No. 4, October 1, 2024

Section 3000-3025 - Effects of Participating in a Strike

Any individual who participates in a strike is not eligible for cash assistance. If the individual is also the natural or adoptive parent with whom an eligible child is living, the entire family is ineligible for assistance. When participation in a strike begins after the receipt of an assistance grant, the grant for that month must be recovered as an overpayment.

A strike is defined as any concerted work stoppage by employees. This includes a stoppage that results when a collective bargaining agreement expires or any other concerted slowdown or interruption of operations by employees.

Participating in a strike means an employee's refusal in concert with others to work.

Participation in a strike is not considered good cause for leaving employment. It is also not considered good cause for refusing to seek or accept other employment.

EXAMPLES:

1. Mrs. Jones is receiving TANF for herself and three (3) grandchildren. She is employed full time. On August 10th she goes on strike. How is the TANF case affected?

Mrs. Jones is removed from the assistance unit. Her portion of the August grant is recovered as an overpayment. Her portion is a pro rata share of the grant received.

2. The situation is the same as above except Mrs. Jones is the children's mother. How is the TANF case affected?

The case must be closed and the August payment recovered as an overpayment.

Note: If participation in a strike begins any time after the issuance of a grant, the entire month's grant for the affected individual must be recovered. This is true even if the strike begins on the last day of the month.

A striker who subsequently quits his job is no longer a striker and the strike provisions explained above no longer apply. In such cases, the DSS worker will verify that the individual has quit his job before any case changes are made.

16 Del. Admin. Code § 3000-3025