Md. Code Regs. 07.03.03.07-1

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.03.03.07-1 - Employment and Education Requirements

A. Each adult in the assistance unit, and each child age 16 years old or older in the assistance unit who is not enrolled full-time in school or pursuing a diploma or the equivalent, shall participate in a work activity which is:

(1) Approved by the local department;

(2) Likely to result in unsubsidized employment; and

(3) Scheduled up to 40 hours per week.

B. Failure of an adult to cooperate in a work requirement without good cause, including failure to accept offered employment or quitting a job, shall result in ineligibility of the entire assistance unit as described in Regulation .19A(1) of this chapter.

C. Failure of a child 16 years of age or older not in school to cooperate in a work requirement without good cause, including failure to accept employment or quitting a job, shall result in deduction of the child's incremental portion of the grant from the family's TCA grant as described in Regulation .19A(2) of this chapter.

D. The following individuals are exempt from the work activity requirements:

(1) For a maximum of 12 months in the adult's lifetime, adults who are required to care for a child younger than 1 year old, who is a member of the assistance unit;

(2) Adults and children in the assistance unit who are severely disabled;

(3) Children younger than 16 years old;

(4) Adults caring for a disabled family member living in the home;

(5) Adults in the assistance unit, and children age 16 years old or older in the assistance unit, who are victims of domestic or family violence and actively receiving family violence services; and

(6) Non-parent caretaker relatives who have no children of their own in the assistance unit.

E. An individual is not exempt as disabled for more than 12 months unless the:

(1) Individual has applied for Supplemental Security Income (SSI); and

(2) SSI application is approved, pending, or in the appeal stage.

F. A minor parent who has not finished secondary school or obtained a high school diploma or the equivalent is not exempt to care for a child younger than 1 year old.

G. A minor parent with a child 12 weeks old or older who has not finished secondary school or obtained a high school diploma or the equivalent is not exempt and shall be enrolled in, attending 80 percent of the time, and making satisfactory progress in:

(1) Educational activities leading to a diploma; or

(2) An alternative education or training program approved by the State.

H. Voluntary Quit and Reduction in Work Hours.

(1) TCA may not be paid to an assistance unit in which a parent voluntarily quit a job or voluntarily reduced the hours of employment without good cause.

(2) At application the assistance unit is ineligible for TCA for 30 days from the date of the quit or reduction of work hours if:

(a) The voluntary quit was from employment that:

(i) Was at least 30 hours per week; or

(ii) Paid at least 30 times the State or federal minimum hourly wage per week, whichever is higher; or

(b) Hours were reduced:

(i) To less than 30 hours per week; or

(ii) So that the individual was paid less than the equivalent of 30 times the State or federal minimum hourly wage per week, whichever is higher.

(3) At recertification or interim change, the local department shall follow conciliation and sanction procedures as described in Regulation .19 of this chapter when an individual voluntarily quits a job or reduces work hours without good cause during the certification period, except for an individual who is not required to participate in a work activity, as described in §§D and E of this regulation.

(4) The local department shall follow the good cause reasons listed in §§I and J of this regulation to determine acceptable good cause for:

(a) Refusing or failing to cooperate with work requirements;

(b) Quitting a job; or

(c) Reducing work hours.

I. Good cause for refusing or failing to cooperate with work requirements or for refusing or quitting a job includes one or more of the following:

(1) Illness or incapacity of the individual required to be in a work activity or job, with documentation specifying the:

(a) Ill or disabled individual's prognosis;

(b) Doctor's expectation for the length of the illness or disability;

(c) Activities the individual may engage in; and

(d) Activities the individual may not engage in;

(2) Verified, court-required appearance or temporary incarceration;

(3) Domestic violence or other family crisis that threatens normal family functioning;

(4) A breakdown in transportation arrangements when there is no accessible means of transportation;

(5) A breakdown in child care arrangements or lack of child care resources for a child or children who are 12 years old or younger for a period not to exceed 30 days;

(6) A single parent caring for a child younger than 6 years old who is unable to obtain child care for one or more of the following reasons:

(a) Unavailability of appropriate child care within a reasonable distance from the parent's home or work site;

(b) Unavailability or unsuitability of informal child care by a relative or others; or

(c) Unavailability or unsuitability of appropriate and affordable formal child care arrangements;

(7) Lack of supportive services identified in the Family Independence Plan and agreed upon by the recipient and the local department;

(8) Other circumstances determined to be good cause by the local department.

J. Good cause for quitting a job or reducing work hours includes the reasons stated in §I of this regulation or one or more of the following reasons:

(1) Taking a new job with another employer;

(2) Discrimination based on age, race, gender, religious or political belief, sexual orientation, marital status, mental or physical disability, or national origin;

(3) Hazardous working conditions;

(4) Resignation at employer's request.

K. Participation in a work activity includes, but is not limited to:

(1) Unsubsidized employment;

(2) Subsidized employment;

(3) Work experience;

(4) On the job training;

(5) Job search;

(6) Community service programs;

(7) Vocational educational training; or

(8) Job skills directly related to employment.

L. The local department shall follow conciliation and sanction procedures as described in Regulation .19 of this chapter for all individuals who are not in compliance with work activity requirements.

M. If resources are available, a noncustodial parent or a stepparent may be included in work activities but are not subject to conciliation and sanction procedures as described in Regulation .19 of this chapter.

Md. Code Regs. 07.03.03.07-1

Regulations .07-1 adopted effective February 18, 2002 (29:3 Md. R. 216)
Regulation .07-1 amended effective 41:10 Md. R. 561, eff.5/26/2014
Regulation .07-1D, H amended effective December 28, 2009 (36:26 Md. R. 1994)