470 Neb. Admin. Code, ch. 2, § 009

Current through September 17, 2024
Section 470-2-009 - COMPLIANCE WITH EMPLOYMENT AND TRAINING REQUIREMENTS

Unless determined exempt by the Department, a refugee is required to register for employment services within 30 days from the date of application with one of the state's Refugee Social Service Employment Providers and accept appropriate employment or training opportunities.

009.01APPROPRIATE WORK AND TRAINING CRITERIA. The following outlines appropriate work and training:
(A) May be temporary, permanent, full-time, part-time, or seasonal if this work meets the other work standards outlined in this section;
(B) The wage must meet or exceed the minimum wage established by law; and
(C) The daily and weekly hours of work must be those customary to the occupation.
009.02SITUATIONS WHEN AN INDIVIDUAL CAN NOT BE REQUIRED TO ACCEPT EMPLOYMENT. An individual cannot be required to accept employment in the following circumstances:
(A) The individual would be required to work for an employer contrary to the conditions of their existing membership in the union governing that occupation. However, employment not governed by the rules of a union in which they have membership may be determined appropriate;
(B) The individual is not able to perform the task required by the work or training assignment on a regular basis. Any claim of adverse effect on an individual's physical or mental health must be substantiated by adequate medical statements; or
(C) The commuting time to and from home to the work or training site should not normally exceed two hours. This does not include the time it takes to transport a child to and from a child care facility.
009.03ENGLISH CLASSES. Enrollment in English classes does not qualify as a training program and therefore does not exempt the refugee from the employability requirement. English classes may be part of the employability plan.
009.04NONCOOPERATION WITH EMPLOYMENT REQUIREMENTS. If an employable individual refuses to comply, accept, or participate in employment services without good cause, the individual is ineligible. The individual is allowed one mediation period of up to seven days. If the employable individual continues to refuse refugee services, the case is closed.
009.04(A)APPLICANT. If an applicant refuses to register with a Refugee Social Service Provider and seek employment, they are ineligible. If the applicant begins to cooperate while the application is still pending, the applicant is eligible to receive services effective with the date of application if all other eligibility factors are met. If the applicant begins to cooperate after the application has been approved, their refugee resettlement program benefits resume effective the first day of the month during which the individual successfully participates.
009.04(B)RECIPIENT. If the individual refuses to actively seek employment:
(i) The refugee is allowed one mediation period of seven days. The individual is not removed from the unit during the mediation period unless the mediation period is terminated because the recipient is uncooperative or refuses the mediation; and
(ii) If the individual refuses to actively seek employment, the case is closed.
009.05TRAINING REQUIREMENTS FOR EMPLOYED REFUGEE CLIENTS. In the instance of a refugee who is employed and receiving supplementary assistance and working less than 100 hours per month, the individual must participate in part-time training such as English-language or skill training, if available and determined appropriate.
009.06GOOD CAUSE. An individual may be allowed good cause for refusing employment or training, or not cooperating with the service agency if approved by the Department.

470 Neb. Admin. Code, ch. 2, § 009

Amended effective 6/6/2022
Amended effective 6/14/2023