- Employment & Training
- Partners
- WIOA Title I-A & I-B
- Policy & Procedure Manual
- 12.4 Dislocated Worker Program File Documentation
Chapter 1) Administration and Governance
Chapter 2) The One-Stop (Job Center) Delivery System
Chapter 3) Program Funding and Grants Management
Chapter 4) Fiscal Management
Chapter 5) Nondiscrimination/Equal Opportunity and Affirmative Action
Chapter 6) Complaints, Grievances, and Appeals
Chapter 7) Individual Training Accounts and Eligible Training Programs
Chapter 8) Adult and Dislocated Worker Programs
Chapter 9) Rapid Response
Chapter 10) Youth Program
Chapter 11) Performance Accountability and Reporting
Chapter 12) File Documentation
Chapter 13) Coordination and Co-Enrollment with Other Programs
Appendices
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12.4 Dislocated Worker Program File Documentation
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Chapter 12.4.5 Resources
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Chapter 12.4.7 Resources
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12.4.1 General Eligibility
Effective date: August 14, 2023
All Dislocated Worker Program participants are required to meet general eligibility requirements, including authorization to work in the United States and Selective Service registration, when applicable.
These criteria must be documented as outlined below:
Eligibility Criterion (Both are required) |
Acceptable Documentation1
- Only one per eligibility criterion is required
- Documents must be unexpired at enrollment unless otherwise noted.
|
Eligible to Work in the United States2 |
One verification source from List A of I-9 Form
OR
One verification source from List B of I-9 Form AND one verification source from List C of I-9 Form
(Documentation can be found on the I-9 form, or in the Resource Box.)
|
Selective Service Registration3 |
For individuals born male 18 years of age or older who did register:
- Selective Service registration acknowledgment letter
- Selective Service registration acknowledgment card
- Screen printout from www.sss.gov showing online verification
- Letter of verification from Selective Service
- Selective Service Status Information Letter
For individuals born male over age 26 who did not register:
- Documentation from the local WDB or service provider that supports the individual's failure to register was not knowing and willful. (Record as Waived in ASSET)
OR
- Documentation that the individual entered the country legally for the first time after their 26th birthday. Acceptable forms of supporting documentation include:5
- Date of entry on his passport
- I-94 with date of entry stamp on it
- Letter from the U.S. Citizenship and Immigration Services (USCIS) indicating the date the man entered the United States presented in conjunction with documentation establishing the individual's age
OR
- Documentation that the individual entered the country illegally for the first time after their 26th birthday. Acceptable forms of supporting documentation include:6
- Proof that he was not living in the U.S. from age 18 through 25
OR
- Copy of a valid, non-immigrant visa
Individuals born male who are over the age of 18 at the time of application, but have not yet turned 26, and have not yet registered for Selective Service, must complete Selective Service registration before they can be determined eligible for the Adult Program.
See the Selective Service Guidance, which gives information about who is and is not required to register, and steps to take if someone was required to register but failed to do so.
This list is not intended to be exhaustive. Please visit the Selective Service website for more information about the registration requirements at www.sss.gov. Refer to the Selective Service System's Documentation List for a complete list of acceptable documentation.
|
- 1 In addition to the acceptable documentation outlined below, Career Planners may use the WIOA Title I Dislocated Worker Program Eligibility Self-Attestation Form.
- 2 WIOA Sec. 188(a)(5) requires states to have procedures in place to ensure that program services are provided to those who are authorized to work in the U.S.
- 3 WIOA Sec. 188(a)(5) requires that all individuals participating in WIOA Title I programs comply with Selective Service requirements, if applicable.
- 4 TEGL 11-11, Change 2, p. 2
- 5 TEGL 11-11, Change 2, p. 2
- 6 TEGL 23-19, Change 2, Attachment II, Data Element 901 Data Element Validation is required.
- 7 TEGL 23-19, Change 2, Attachment II, Data Element 923 Data Element Validation is required.
- 8 TEGL 23-19, Change 2, Attachment II, Data Element 1406 Data Element Validation is required.
- 9 To ensure compliance with WIOA Sec. 188(a)(5), DWD-DET requires the collection of source documentation demonstrating that program participants are authorized to the work in the U.S.
12.4.2 Federal Dislocated Worker Eligibility Criteria
Effective date: August 14, 2023
In order to be determined eligible for the WIOA Dislocated Worker Program each applicant must provide evidence of at least one of the Dislocated Worker Eligibility Categories identified in this section in addition to the criteria in Section 12.4.1.
Dislocated Worker Eligibility Categories (Must meet one of the six) |
Acceptable Documentation1 |
1. Individual or Small Group Layoff
Has been terminated or laid off or has received a notice of termination or layoff
AND
Is Unlikely to Return to a Previous Industry or Occupation
AND
Is eligible for or has exhausted Unemployment Insurance (UI) benefits
OR
Has been employed for a duration sufficient to demonstrate attachment to the workforce, but is not eligible for UI due to insufficient earnings or having performed services for an employer not covered under a State UI law
|
- Demonstration that the individual has been terminated or laid off or has received a notice of termination or layoff through one of the following:
- Self-attestation
- Verification from employment
- Notice of layoff (Including a WARN Notice)
- Public announcement
AND
- Self-attestation that the individual is Unlikely to Return to a Previous Industry or Occupation
AND
- If referred by RESEA, demonstration that the individual is eligible for or has exhausted unemployment insurance (UI) payments, or is ineligible for UI payments (because of insufficient earnings or was in a job not covered by state UI law) through one of the following:
- UI records (includes letters from UI)
- Verbal verification from UI representative
- Verification of Re-employment Services and Eligibility Assessment (RESEA)-funded services from the ASSET Manage Services tab
OR
- Self-attestation that the individual has been employed for a duration sufficient to demonstrate attachment to the workforce, but is not eligible for UI due to insufficient earnings or having performed services for an employer not covered under a State UI law
|
2. Permanent Closure or Mass Layoff |
- Self-attestation
OR
- Verification from employer
- Rapid Response list
- Notice of layoff (Including a WARN Notice)
- Public announcement of layoff
- UI documentation
|
3. Separating or Separated Members of the U.S. Armed Forces |
- DD-214 or other documentation showing separation or imminent separation with a discharge status that is anything other than dishonorable
|
4. Self-employed |
- Self-attestation that individual was self-employed and is now unemployed as the result of general economic conditions or natural disaster
|
5. Displaced Homemaker2 |
- Self-attestation
OR
- Signed WIOA intake application or registration form
- Cross-Match with Public Assistance Records
- Copy of Spouse's Layoff Notice
- Copy of Spouse's Death Record
- Copy of Spouse's Permanent Change of Station (PCS) Orders for a military move or assignment)
- Copy of Divorce Records
- Copy of Applicable Court Records
- Copy of Bank Records (showing financial dependence on spouse, no separate individual income support, or no employment income earned)
- Needs Assessment
- Signed Individual Employment Plan
|
6. Military Spouse |
- Self-attestation that the individual is the spouse of an active member of the U.S. Armed Forces and has experienced the loss of employment because of the service member's permanent change in military duty station
OR
- Self-attestation that the individual is the spouse of an active member of the U.S. Armed Forces and is unemployed or underemployed and having trouble obtaining or upgrading employment
|
12.4.3 Required Federal Reporting
Effective date: August 14, 2023
For each Dislocated Worker Program applicant, the following data elements must be collected and documented for federal reporting purposes,1 as outlined below. These elements do not impact program eligibility but may impact negotiated and adjusted levels of performance via the statistical adjustment model.
Consistent with the WIOA Title I Application Process Guidance, WDBs and their service providers must ensure that their WIOA Title I application forms include all the information needed to create an individual's record in ASSET. The WIOA Title I application form is considered an allowable self-attestation for these data elements.
NOTE: The list below is not exhaustive. Allowable forms of documentation for other required federal reporting elements are identified in other areas of this policy.
Data Element |
Example Documentation2 NOTE: This list is not intended to be all-inclusive. |
Sex
|
|
Age/Date of Birth3 |
OR
- Driver's license
- Baptismal record
- Birth Certificate (vital record, do not copy)
- DD-214
- Military report of Transfer or Discharge paper
- Federal, state, or local ID card (Do not copy state ID card)
- Passport
- Hospital record of birth
- Public assistance/social service records
- School records or ID cards
- Work permit
- Family Bible
- Cross-match with state agency records
- Justice system records
- Selective Service registration
- Signed letter from a parent or guardian
- Medical records
|
Ethnicity: Hispanic/Latino |
|
Race
|
|
Limited English Language Proficiency
|
|
Limited English Reading Ability (if Limited English Language Proficient) |
|
Limited English Speaking Ability (if Limited English Language Proficient) |
|
Primary Language (if Limited English Language Proficient) |
|
Eligible Veteran Status4 |
Source documentation beyond Self-Attestation for this element is only required at the point in which a decision is made to enroll a covered person over a non-covered person and commit financial resources, which does not include staff time.
OR
- Form DD-214 showing the military service member's discharge that is anything other than dishonorable
- Cross-match with Department of Defense records
- Cross-match with Veterans Service Database
- Letter from the Veterans Administration
- NGB-22 documenting Title 10 federal active-duty service
|
Current Education Status (School Status at Program Entry)5 |
- Self-Attestation
OR
- Cross-match with Postsecondary Education Database
- Copy of educational institution enrollment record
- Applicable records from educational institution (GED certificate, diploma, attendance record, transcripts, report card, or school documentation)
- Electronic records
- Verbal Verification
- Case notes
|
Current Highest School Grade Completed |
- Self-Attestation
OR
- Applicable records from education institution (GED certificate, diploma, attendance record, transcripts, drop out letter, school documentation)
- Signed WIOA intake application or registration form
- Electronic Records
- Case notes
|
Single Parent6 |
OR
- TANF Single Parent Eligibility Verification
- Needs Assessment
- Intake Application or Enrollment Form
- Individual Service Strategy or Employment Plan
- Case notes
|
Current Employment Status |
|
Current Unemployment Insurance Programs (UI)7 |
- Self-attestation, only if customer was not referred by RESEA
OR
- Cross-match to state UI database
- Cross-match to state MIS database (Verification of Re-employment Services and Eligibility Assessment (RESEA)-funded services from the ASSET Manage Services tab)
- Referral transmittal by RESEA or WPRS
|
Pell Grant Recipient
|
- Self-Attestation
OR
- FAFSA/Financial Aid Records
- Award Letter
|
Active Duty Military Spouse |
|
Foster Care (Foster Care Youth Status at Program Entry)8 |
- Self-attestation
OR
- Written Confirmation from Social Services Agency
- Foster Care Agency Referral Transmittal
- Signed WIOA intake application or registration form
- Needs Assessment
- Signed Individual Employment Plan
- Verbal Verification from cognizant agency or official (school counselor, social worker, court, etc.)
- Case Notes
|
Family Income at or Below the Current Federal Poverty Guidelines or 70% of the Lower Living Standard Income Level (LLSIL) Guidelines9
Family size must be correctly determined and documented in order to correctly establish a low-income determination.
NOTE: Information used to establish Family size is different from the information used to establish a household composition for the purposes of determining Economic Self-Sufficiency.
NOTE: Family size is determined as of the date of eligibility determination. Family members who may have comprised part of the family during the past six months but no longer meet the definition of family should not be counted.
See Income Guidance for included and excluded income types and the time span for calculating income.
|
- Self-attestation
OR
- Award letter from Veterans Administration
- Bank statements
- Pay stubs
- Compensation award letter
- Court award letter
- Pension statement
- Employer statement/contact
- Family or business financial records
- Housing authority verification
- Quarterly estimated tax for self-employed persons
- Social Security benefits
- UI claim documents
- Copy of authorization to receive cash public assistance
- Copy of public assistance check
- Public assistance eligibility verification
- Cross-match with Refugee Assistance records
- Cross-match with public assistance records
- Cross-match with UI wage records
- Local Income Determination Form
NOTE: The career planner must document the participant's income, even if the income was $0 for the past six months.
|
Unemployed Greater Than or Equal to 27 Consecutive Weeks (Long-term unemployed)10 |
- Self-Attestation
OR
- Public assistance records
- Refugee assistance records
- Cross-match with public assistance database
- Cross-match to state UI database
|
FoodShare / (Supplemental Nutrition Assistance Program (SNAP))11 |
- FoodShare/SNAP eligibility verification
- Copy of Authorization to Receive Foodshare/SNAP
- Receipt of FoodShare/SNAP purchase showing balance from point of sale and date of purchase
- Referral Transmittal from Foodshare/SNAP
- Cross-Match with Foodshare/SNAP Public Assistance Record
- Verbal Verification from appropriate Human Services agency
- Printout from www.access.wisconsin.gov showing benefits statement
NOTE: The following are not acceptable forms of documentation:
- A copy of the participant's FoodShare (Quest) card
- Screen prints from CARES
|
Temporary Assistance for Needy Families (TANF) / Wisconsin Works (W-2)12 |
- TANF/W-2 Eligibility Verification
- TANF/W-2 Period of Benefit Receipt Verification
- Referral Transmittal from TANF/W-2
- Cross-Match with TANF/W-2 Public Assistance Records
- Verbal Verification from appropriate Human Services agency
NOTE: It is not allowable to use screen prints from CARES to document TANF/W-2.
|
Exhausting TANF/Wisconsin Works (W-2) within 2 years13 |
- TANF/W-2 Eligibility Verification
- TANF/W-2 Period of Benefit Receipt Verification
- Referral Transmittal from TANF/W-2
- Cross-Match with TANF/W-2 Public Assistance Records
- Verbal verification from appropriate Human Services agency
NOTE: It is not allowable to use screen prints from CARES to document TANF/W-2.
|
Other Income-Based Public Assistance (Other Public Assistance Recipient)14 |
- Copy of Authorization to Receive Cash Public Assistance
- Copy of Public Assistance Check
- Medical Card Showing Cash Grant Status
- Public Assistance Eligibility Verification
- Verbal verification from appropriate social services agency
NOTE: Career planners may not use screen prints from CARES to document public assistance.
|
Offender or Ex-Offender (Ex-Offender Status at Program Entry)15
NOTE: Does not include speeding tickets or traffic court.
|
- Self-Attestation
OR
- Documentation from juvenile or adult criminal justice system (https://wcca.wicourts.gov)
- Written Statement or Referral Document from a Court or Probation Officer
- Referral Transmittal from a Reintegration Agency
- Signed WIOA intake application or registration form
- Needs Assessment
- Signed Individual Employment Plan
- Federal Bonding Program Application
- Verbal verification with court or probation representative
- Case Notes
|
Incarcerated at Program Entry (if Offender or Ex-Offender) |
- Self-Attestation
OR
- Verbal or written verification from justice system
|
Eligible Migrant and Seasonal Farmworker Status16 |
OR
- Cross-Match with Public Assistance Records
- Cross-Match with State MIS
- Employment records
- Case notes
|
Individual with a disability17 |
- Self-Attestation
OR
- School 504 records provided by student
- Assessment test results
- School Individualized Education Program (IEP) record
NOTE: Case notes and other documentation related to this element must be maintained in compliance with Section 5.718 of this policy manual.
|
Basic Skills Deficient19 |
- Basic Skills Screening Tool (DETW-18156-E)
OR
- Assessment test results
- Applicable records from education institution (transcripts, academic assessments, or other school documentation)
- Case notes
|
English Language Learner20 |
- Self-Attestation
OR
- Basic Skills Screening Tool (DETW-18156-E)
- Assessment test results
- Applicable records from education institution (transcripts, or other school documentation)
- Signed WIOA intake application or registration form
- Signed Individual Employment Plan
- Case notes
|
Cultural Barriers |
|
Supplemental Security Income (SSI)/Social Security Disability Insurance (SSDI)21 |
- SSI/SSDI Receipt of Benefits Verification
- Referral Transmittal from Social Security Administration (SSA)
- SSI/SSDI Eligibility Verification
- Cross-Match with SSA Database
- Verbal Verification from Social Security Administration
|
Homeless(Homeless participant, Homeless Children and Youths, or Runaway Youth at Program Entry)22 |
- Self-attestation
OR
- Signed WIOA intake application or registration form
- Written Statement or Referral Transmittal from a Shelter or Social Service Agency
- Needs Assessment
- Signed Individual Employment Plan
- A letter from caseworker or support provider
- Verbal or written verification from social service agency
- Case Notes
|
Qualifying Employer Name |
- Self-attestation
OR
- Verification from employer
- Rapid Response list
- Notice of layoff (Including a WARN Notice)
- Public announcement of layoff
- UI documentation
|
Qualifying Dislocation Date (Actual Dislocation Date)23 |
- Self-attestation
OR
- Verification from Employer
- Rapid Response List
- Notice of layoff (Including a WARN Notice)
- Public Announcement with Follow-Up Cross-Match with UI Database
|
Rapid Response Participation24 |
OR
- Cross-match
- Rapid Response list
- Case notes
|
- 1 WIOA Reporting Advisories
- 2 Unless otherwise noted, information on documentation sources is from OMB Control No. 1205-0521.
- 3 Per TEGL 23-19, Change 2, Attachment II, Data Element 200 Data Element Validation is required.
- 4 Per TEGL 23-19, Change 2, Attachment II, Data Element 301 Data Element Validation is required.
- 5 Per TEGL 23-19, Change 2, Attachment II, Data Element 409 Data Element Validation is required.
- 6 Per TEGL 23-19, Change 2, Attachment II, Data Element 806 Data Element Validation is required.
- 7 Per TEGL 23-19, Change 2, Attachment II, Data Element 401 Data Element Validation is required.
- 8 Per TEGL 23-19, Change 2, Attachment II, Data Element 704 Data Element Validation is required.
- 9 This criterion is not covered in TEGL 23-19, Change 2, Attachment II, but is included as part of the Data Element Definition for Data Element 802. WIOA Sec. 3(36)(A)(ii) states that an individual is "low-income" if they are in a family with total family income that does not exceed the higher of (I) the poverty line; or (II) 70 percent of the lower living standard income level. Family is defined at 20 § CFR 675.300.
- 10 Per TEGL 23-19, Change 2, Attachment II, Data Element 402 Data Element Validation is required.
- 11 Per TEGL 23-19, Change 2, Attachment II, Data Element 603 Data Element Validation is required.
- 12 Per TEGL 23-19, Change 2, Attachment II, Data Element 600 Data Element Validation is required.
- 13 Per TEGL 23-19, Change 2, Attachment II, Data Element 601 Data Element Validation is required.
- 14 Per TEGL 23-19, Change 2, Attachment II, Data Element 604 Data Element Validation is required.
- 15 Per TEGL 23-19, Change 2, Attachment II, Data Element 801 Data Element Validation is required.
- 16 Per TEGL 23-19, Change 2, Attachment II, Data Element 808 Data Element Validation is required.
- 17 Per TEGL 23-19, Change 2, Attachment II, Data Element 202 Data Element Validation is required.
- 18 29 CFR § 38.41 requires that any medical or disability-related information about a particular individual, including information that could lead to the disclosure of a disability, must be collected on separate forms. All such information, whether in hard copy, electronic, or both, must be maintained in one or more separate files, apart from other information about the individual, and treated as confidential.
- 19 Per TEGL 23-19, Change 2, Attachment II, Data Element 804 Data Element Validation is required.
- 20 Per TEGL 23-19, Change 2, Attachment II, Data Element 803 Data Element Validation is required.
- 21 Per TEGL 23-19, Change 2, Attachment II, Data Element 602 Data Element Validation is required.
- 22 Per TEGL 23-19, Change 2, Attachment II, Data Element 800 Data Element Validation is required.
- 23 Per TEGL 23-19, Change 2, Attachment II, Data Element 410 Data Element Validation is required.
- 24 Per TEGL 23-19, Change 2, Attachment II, Data Element 908 Data Element Validation is required.
- 25 Per TEGL 23-19, Change 2, Attachment II, Data Element 807 Data Element Validation is required.
12.4.6 Supportive Services Documentation1
Effective date: August 14, 2023
In addition to following the requirements outlined in Chapter 8.6.4 of this policy manual, career planners must document all supportive services,
including needs-related payments, that a participant receives in one of the following ways:
- Evidence of what WIOA activity is being enabled
AND
- Case notes;
- Activity sheets;
- Sign-in sheets;
- Attendance record;
- Vendor contract;
- Electronic records;
12.4.7 Exit and Follow-up Documentation
Effective date: August 14, 2023
In addition to following the requirements outlined in Chapter 8.7 and Chapter 11.6.1 of this policy manual, career planners must document exit dates and, if applicable, exclusion exit reasons for each data element in the following ways:
Data Element |
Acceptable Documentation |
Date of Program Exit 3 |
- A copy of the letter sent to the individual indicating that the case was closed
- WIOA status/exit forms
- Electronic Records
- Attendance records
- Review of service records identifying the last qualifying service (and lack of a planned gap)
|
Exclusion reasons for Exit 4 |
- Information from partner services
- WIOA or program status/exit forms
- Electronic Records
- Withdrawal form with explanation
- Information from institution or facility
- Case notes
|
Date Enrolled in Post Exit Education or Training Program Leading to a Recognized Postsecondary Credential 5 |
- Copy of enrollment record
- Case notes
- School records
- Transcript or report card
- Cross-Match
|
As required in Chapter 8.8.3 of this manual, career planners must record the results of follow-up attempts separately in
ASSET Customer Notes and if any information is obtained, enter the details in ASSET Follow-up Status. Career planners also must adhere to the data collection requirements of
Chapter 11.21 of this manual, when collecting supplemental data during the follow-up period.
- 1 Per TEGL 23-19, Change 2, Attachment II, Data Element 1409 Data Element Validation is required.
- 2 Per TEGL 23-19, Change 2, Attachment II, Data Element 1500 Data Element Validation is required.
- 3 Per TEGL 23-19, Change 2, Attachment II, Data Element 901 Data Element Validation is required.
- 4 Per TEGL 23-19, Change 2, Attachment II, Data Element 923 Data Element Validation is required.
- 5 Per TEGL 23-19, Change 2, Attachment II, Data Element 1406 Data Element Validation is required.
Attachment to the Workforce (20 CFR § 680.660)
Effective date: October 1, 2017
DWD-DET considers one day of employment with the employer of dislocation sufficient to demonstrate attachment to the workforce. This is consistent with the Trade Adjustment Assistance Program (TAA). 20 CFR §§ 617.3(c) and 617.3(t)(1)
Service in the U.S. Armed Forces is employment and demonstrates attachment to the workforce. 20 CFR § 680.660
Eligible to Work in the United States
Effective date: October 1, 2017
Individuals eligible to work in the U.S. include (WIOA Sec. 188(a)(5); 20 CR §683.285(5)):
- citizens and nationals of the United States;
- lawfully admitted permanent resident aliens, refugees and asylees (who are authorized to work in the U.S. because of their refugee or asylee status); and
- other immigrants authorized by the Secretary of Homeland Security or the Secretary's designee to work in the U.S. This includes immigrants covered by Deferred Action for Childhood Arrivals (DACA) who have applied for and received work authorization (TEGL 02-14, p. 2).
Family (20 CFR § 675.300)
Effective date: October 1, 2017
"Family" means two or more persons related by blood, marriage, or decree of court, who are living in a single residence,
and are included in one or more of the following categories:
A "married couple" can either be a man and a woman or same-sex individuals. United States v. Windsor, 133 S.Ct.2675 (2013); 81 FR 56088
General Economic Conditions
Effective date: July 01, 2022
DWD-DET defines "unemployed as a result of general economic conditions" (20 CFR § 680.130(b)(3)) as covering the following:
- the decline or failure of one or more businesses integral to the individual's business (e.g., customers or suppliers);
- large-scale layoff(s) or closure(s) at businesses that support a significant portion of the state or local economy;
- lack of demand for the individual's products or services as demonstrated by labor market information;
- a substantial change in the marketplace that eliminates the need for the individual's product or service (e.g., internalization of a process previously done by an external contractor; automation of a process that eliminates the need for contract labor; change in legislation or policy which eliminates a required service or product);
- depressed price(s) or market(s) for the individual's products or services;
- generally high levels of unemployment in the local area;
- substantial reduction in inventory caused by supply chain issues and/or discontinuation of product;
- layoffs or closures due to the business being unable to find or retain adequate staffing, due to factors such as:
- rising wage costs
- rising benefits costs
- inflation
- wage increases due to increased demand for labor.
Requesting Military Personnel Records
Effective date: October 1, 2017
Former service members and deceased service members' next of kin may request
military personnel records (e.g., DD-214s/Separation Documents) through the
National Archives.
U.S. Armed Forces
Effective date: October 1, 2017
The U.S. Armed Forces include the Army, Air Force, Navy, Marine Corps, and Coast Guard and their reserves.
Mass Layoff
Effective date: April 26, 2022
Consistent with 20 CFR § 682.305(a) and Wis, State. § 109.07 (1)(f) DWD-DET defines a "mass layoff" (aka "substantial layoff") as a layoff event that affects 25 percent of workers or 25 or more workers whichever is greater, when
- the employer has specified that the layoff is permanent;
- the employer has not given a recall date;
OR
- the employer has given a recall date that is more than 12 weeks after the date of the dislocation. DWD-DET has chosen this time frame to be consistent with UI's job search waiver limit of 12 weeks for employees expecting to be recalled by an employer per Wis. Stat. § 108.04(2)(b)1 (2017).
Wis. Admin. Code § DWD 279.04(2) states that two or more groups of employees affected during a 90-day period may be considered in the aggregate to determine whether the business closing, or mass layoff thresholds have been met, unless the loss of employment in different groups are the result of separate and distinct actions and causes.
Permanent Closure
Effective date: September 23, 2019
DWD-DET considers a closure to be "permanent" when
- the employer has specified that the closure is permanent;
- the employer has not indicated when the employment site or virtual business will reopen;
OR
- the employer has given a date for reopening that is more than 12 weeks after the date of the dislocation. DWD-DET has chosen this time frame to be consistent with UI's job search waiver limit of 12 weeks for employees expecting to be recalled by an employer. Wis. Stat. § 108.04(2)(b)1 (2017).
Offender/Ex-offender
Effective date: November 7, 2019
"Offender" or "ex-offender" means an adult or juvenile who is or has been subject to any stage of the criminal justice process.
WIOA Sec. 3(38)
English Language Learner
Effective date: August 14, 2023
This eligibility barrier applies if individuals have the limited ability in reading, writing, speaking or comprehending the English language because:
1. English is not their native language;
OR
2. they live in a family or community environment where a language other than English is the dominant language.
WIOA Sec. 3(21); WIOA Sec. 203(7); TEGL 21-16, p. 3
Eligible Migrant Farmworker
Effective date: November 7, 2019
"Eligible migrant farmworker" means a seasonal farmworker whose agricultural labor requires travel to a job site such that the farmworker is unable to return to a permanent place of residence within the same day. The term also includes the farmworker's dependents.
WIOA Sec. 167(i)(2)
Eligible Seasonal Farmworker
Effective date: November 7, 2019
"Eligible seasonal farmworker" means a low-income individual who: 1) for 12 consecutive months out of the 24 months prior to application for the program involved, has been primarily employed in agricultural or fish farming labor that is characterized by chronic unemployment or underemployment; and 2) faces multiple barriers to economic self-sufficiency. The term also includes the farmworker's dependents.
WIOA Sec. 167(i)(3)
Disability (WIOA Sec. 3(25))
Effective date: August 20, 2018
"Disability" means:
- a physical or mental impairment that substantially limits one or more major life activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, and the operation of major bodily functions
- a record of such impairment
OR
- is regarded as having such impairment (which means the individual can establish that s/he has been the subject of a discriminatory action under the American with Disabilities Act because of an actual or perceived impairment whether or not the impairment actually limits a major life activity).
WIOA Sec. 3(25); 42 U.S.C. 12102 (1)-(3)
Public Assistance
Effective date: August 20, 2018
Revised date: September 1, 2020
"Public Assistance" means federal, state, or local government cash payments where eligibility is determined by a needs or income test.
WIOA Sec. 3(50)
As WIOA does not define "cash payments," DWD-DET used definitions provided by the U.S. Census Bureau and the U.S. Citizenship and Immigration Services to define "cash payments" as cash or a cash equivalent, such as a debit card or check, that can be spent however the recipient choses, and is not restricted to a specific purpose like groceries or childcare.
U.S. Census Bureau (https://www2.census.gov/library/publications/2013/acs/acsbr11-12.pdf); U.S. Citizenship and Immigration Services (https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10)
FoodShare Wisconsin
Effective date: August 20, 2018
"FoodShare Wisconsin" helps people with limited money buy food they need for good health. FoodShare recipients are people of all ages who work but have low incomes, are living on small or fixed incomes, or have no incomes because they have lost their job, are retired, or are disabled and not able to work. https://www.dhs.wisconsin.gov/foodshare/index.htm
Homeless
Effective date: August 20, 2018
"Homeless" means a person who lacks a fixed, regular, and adequate nighttime residence. This covers the following situations: (1) sharing the housing of other persons due to loss of housing, economic hardship, or similar; (2) living in a motel, hotel, trailer park or campground due to the lack of alternative adequate living accommodations; (3) living in an emergency or transitional shelter; (4) abandoned in a hospital; (5) awaiting foster care placement; (6) using a public or private place for nighttime residence that is not designed for or typically used by human beings for regular sleeping accommodations; (7) a child who has moved in the last 36 months either as a migratory agricultural worker or fisher or with a parent or spouse who is a migratory worker or fisher.
42 U.S.C. 14043e—2(6) ; 42 U.S.C. 11434a(2)
Wisconsin Works
Effective date: August 20, 2018
"Wisconsin Works" (W-2) is a limited-time program that provides temporary cash assistance and case management services to low-income parents and pregnant women who engage in work activities. https://dcf.wisconsin.gov/w2/parents/w2
Supplemental Security Income
Effective date: August 20, 2018
"Supplemental Security Income" (SSI) is a federal income supplement program funded by general tax revenues (not Social Security taxes). It provides cash assistance to aged, blind, and disabled people who have little or no income so they can meet their basic needs for food, clothing, and shelter. https://www.ssa.gov/ssi/
Household composition
Effective date: July 26, 2019
DWD-DET defines household composition as the number of individuals who are members of a household and their ages.
Eligibility Determination
Effective date: July 26, 2019
DWD-DET defines eligibility determination as applying the information collected during program registration to the eligibility criteria to see if the individual is eligible for the program.