Tenn. Comp. R. & Regs. 1240-01-49-.06

Current through October 22, 2024

Section 1240-01-49-.06 - Voluntary Quit

(1) Any member of an AU with a work and/or educational activities requirement, including either parent in a two-parent AU, shall not voluntarily quit employment, without good cause, within the two (2) months prior to the month of application, during the month of application, or during the application processing period for Families First/TANF cash assistance.

(a) If any member of an AU with a work activities requirement voluntarily quits employment as set forth in this section, the application will be pended.

(b) An AU is eligible for Families First/TANF cash assistance after a voluntary quit prior to or during the application processing period when:

1. The Families First/TANF applicant meets all eligibility criteria; and

2. The Families First/TANF applicant complies with required work and/or educational activities for ten (10) consecutive business days after application.

(2) If, during receipt of Families First/TANF cash assistance, any member of an AU with a work activities requirement, including either parent In a two-parent AU, voluntarily quits employment without good cause, the individual and/or AU shall receive a sanction as set forth in Rule 1240-01-49-.04.

(3) Good cause to avoid a voluntary quit sanction includes, but is not limited to:

(a) Complications of pregnancy which render the mother incapacitated, as certified by a physician;

(b) The individual was required to return to work prior to the end of sixteen (16) weeks of leave following the birth of a child;

(c) Existing child care became unavailable and substitute child care could not be arranged, for reasons beyond the caretaker's control;

(d) Transportation was unavailable and the employee submits evidence that substitute transportation could not be arranged;

(e) The employee was needed in the home to care for an ill or disabled family member;

(f) The employer refused to allow time off for the employee to attend to a temporary family emergency;

(g) The job paid less than minimum wage based on the number of hours actually worked;

(h) There was discrimination by the employer based on age, race, sex, color, handicaps, religious beliefs, national origins, or political beliefs;

(i) Work demands or conditions rendered continued employment unreasonable;

(j) The employee accepted other employment with at least comparable gross wages;

(k) The employee left a job in connection with patterns of employment in which workers frequently move from one employer to another;

(I) The employer failed to provide reasonable accommodations for the employee pursuant to the Americans with Disabilities Act; or

(m) The employer violated any federal, state, or local employment law in the employer's treatment of the employee.

Tenn. Comp. R. & Regs. 1240-01-49-.06

Original rule filed December 2, 1996; effective February 15, 1997. Amendment filed July 5, 2002; effective September 18, 2002. Amendment filed December 13, 2002; effective February 26, 2003. Public necessity rule filed July 2, 2007; expired December 14, 2007. Amendment filed October 1, 2007; effective December 15, 2007. Repeal and new rule filed April 2, 2014; effective 7/1/2014.

Authority: T.C.A. §§ 4-5-201 et seq., 4-5-202, 71-1-105(12), 4-5-209, 71-3-101 through 71-3-115, 71-3-104(a), (d), (g) and (h), 71-1-105, 71-3-107(c)(1) and (f), and 71-3-108(d)(2)(D), 42 U.S.C. §§ 601 et seq., 42 U.S.C. § 602, (c), (d), 42 U.S.C. § 607 and(e), 42 U.S.C. § 608, 42 U.S.C. § 608(b)(3), 42 U.S.C. § 609, 42 U.S.C.A. § 1315; Federal Waiver of July 26, 1996, 42 USC §1315(a), Acts of 1996, Chapter 950, and § 1115 of the Social Security Act, 45 C.F.R. § 261.2, 45 C.F.R. § 261.10, 45 C.F.R. § 261.14, 45 C.F.R. § 261.30, 45 C.F.R. § 261.31, and 45 C.F.R. § 261.32; Deficit Reduction Act 2005 ( Pub. L. 109-171 §§ 7101 and 7102, February 8, 2006); 71 Federal Register 37454 (June 29, 2006); and Public Acts of 2007, Chapter 31.