Section 468-4-003 - EXEMPTIONS FROM EMPLOYMENT FIRST An individual who meets the exemption criteria described below is not required to participate in Employment First component activities and becomes non-time limited for the period of time he or she qualifies for the exemption. The individual must assist the Department to gather documentation to substantiate the request for each individual's exempt status. An individual becomes mandatory to participate in the Employment First program the first of the month following the month in which he or she no longer qualifies for the exemption.
003.01INCAPACITY. A person who meets incapacity requirements as follows may qualify for an exemption. An individualized service plan must be developed with the individual who qualifies for exemption. A two-parent family with one parent who qualifies for this exemption must be considered a single-parent and needy caretaker family for purposes of determining the minimum hours of participation.003.01(A)SHORT-TERM. Short-term exemption may be granted for an individual who has an illness or injury serious enough to temporarily prevent them from entering employment and participating in another Employment First component activity for up to three months. The illness or injury must be evaluated in the context of activities available through the Employment First program.003.01(B)LONG-TERM. Long-term exemption may be granted for an individual who is incapacitated with a medically determinable physical or mental impairment which, by itself or in conjunction with age, prevents the individual from entering employment or participating in another Employment First component activity and which is expected to exist for a continuous period exceeding three months. The incapacity must be evaluated in the context of activities available through the Employment First program.003.02AGE 65 OR OLDER. An individual age 65 or older. This individual is no longer subject to Employment First or the time limit.003.03CARE ATTENDANT. A parent who is needed in the home on a continuous basis to provide care for a disabled family member living in the home who does not attend school on a full-time basis and no other appropriate member of the household is available to provide the needed care. There must be medical documentation and a signed statement from a licensed medical professional to support the need for the parent to remain in the home to care for the disabled family member. The disability of the family member being cared for must be evaluated at least every six months, depending on the diagnosis and prognosis for recovery, in order to determine if the parent is still needed in the home to provide care for the disabled family member.003.04PARENT OR CAREGIVER OF AN INFANT. A parent or needy caretaker relative, guardian, or conservator of a child under the age of 12 weeks. This exemption can be extended if a written statement from the attending physician states the parent requires additional postpartum recovery time, or special medical conditions of the child requires the presence of at least one parent or needy caretaker relative, guardian, or conservator. In an Aid to Dependent Children unit composed of a grandparent, a minor parent, and the minor's child, only the minor parent is eligible for this exemption. In a two-parent household, only one parent can qualify for this exemption.003.05PREGNANCY. A pregnant woman beginning the first of the month before the month of the mother's due date.003.06UNAVAILABILITY OF CHILD CARE. A single parent or needy caretaker who is unable to participate because he or she cannot obtain child care that is, or can be, licensed or approved by the Department for his or her child age five or younger. It is the individual's responsibility to prove that he or she cannot obtain child care. In order to qualify for this exemption, one of the following reasons must be met: (A) Unavailability of appropriate child care within a reasonable distance from the individual's home or work site, based on the normal commuting time for the area but not exceeding two hours round trip; or(B) Unavailability or unsuitability of informal child care by a relative or under other arrangements.003.07DOMESTIC VIOLENCE. A victim of domestic violence may be exempt from Employment First. All Employment First participants are screened for domestic violence. A victim of domestic violence is defined as someone who is battered or subject to extreme cruelty. For an individual to qualify for this exemption, it must be determined that participation in Employment First would make it more difficult for the individual to escape domestic violence, would penalize the individual, or would put him or her at risk of further domestic violence. An individualized service plan must be developed with the individual who qualifies for exemption. The following criteria must be met for domestic violence exemptions:(A) An individual is considered to be battered or subjected to extreme cruelty if he or she has been subjected to:(B) Physical acts that resulted in, or threatened to result in, physical injury to the individual;(D) Sexual activity involving a dependent child;(E) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;(F) Threats of, or attempts at, physical or sexual abuse;(H) Neglect or deprivation of medical care; or(I) Stalking. (i) In order to qualify for this exemption, the individual must have an assessment for domestic violence. There must be verification of the domestic violence; and(ii) This exemption is granted for a period of up to six months. Additional periods may be granted for up to six months per period depending on the participant's needs and service plan, but the participant's eligibility for exemption must be reassessed before the Department may grant any additional exemption period.468 Neb. Admin. Code, ch. 4, § 003
Adopted effective 8/29/2022