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MEMO: AP 00-16

Last Updated: November 15, 2016

DATE: August 7, 2000

TO: WIB Directors; WIB Chairpersons; Grant Recipients

FROM: Lorna Joseph, Acting Director of Program Support

SUBJECT: WIA Dislocated Worker Eligibility Determination 

Background:  In an effort to clarify and bring more consistency to the process of certifying dislocated workers under the Workforce Investment Act, a workgroup met and developed the following guidelines and criteria for determining dislocated worker eligibility and definitions to terms not defined in the WIA legislation.  Also attached is the Eligibility and Certification for Dislocated Workers Form, WIA-5.  This form is to be used in determining WIA Title 1B eligibility for dislocated workers.

Policy:  The definition of an "eligible dislocated worker" means an individual who:
A: "Has been terminated or laid off or has received a notice of termination or layoff from employment and is eligible for or has exhausted his/her entitlement to unemployment compensation or has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 134(c), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under state unemployment compensation law and is unlikely to return to his/her previous industry or occupation".

Following are suggestions to aid in determining who is "unlikely to return to his/her occupation"  

* Do not look simply at job titles to determine if a job is in demand but at the specific skills that are required to do that job.  Some workers may hold a job title that, according to job orders in the Americaís job bank or ads in the newspapers or labor market information, is in demand.  However, what he/she actually did at his/her former job under that title is not what someone in that job title is being asked to do now.
* Carefully examine the individualís skills to determine the extent to which those skills are current and applicable given todayís labor market, and what skills, if any, are transferable to other industries or occupations.  Without looking at the skills needed for a particular job title, it cannot be determined if an individual possesses the required expertise and/or knowledge needed to actually get a job in the current market.
* Inform employees that whether or not a job is in demand also depends on where in the state the person is applying.  For example, some jobs that are in demand in New London may not be in demand in Hartford.
* Acceptable documentation and tools to be used in supporting an eligibility determination include, but are not limited to:  Americaís Job Bank, classified advertisements, Connecticut Forecast 2006-Occupation Projections, "Jobs in Connecticut" report, Occupational Outlook Handbook, OASYS, ONET, and any local office listing of occupations in demand.

"Attachment to the workforce for applicants who are ineligible for unemployment compensation" is defined as individuals who have been working 6 months or more or individuals who have worked less than 6 months but who have conducted an active job search for a period of 4 weeks or more.

B: "Has been terminated or has received notice of termination of employment, as a result of any permanent plant closure or substantial layoff at a plant, facility, or enterprise":

When a department or division within a business closes, this is considered a closing for eligibility purposes.

Definition of Substantial Layoff:
A substantial layoff is any reduction in force which is not the result of a plant closing and results in an employment loss at a single site of employment during any ninety (90) day period for:  

 1. At least 25% of the employees; or
 2. At least 50 employees.

"Is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days":

No clarification was added.

C: "Was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters":

Since there are very few people who request certification under this category, workers who cannot determine if an individual qualifies under this classification are advised to call the Dislocated Worker Unit for advice.

D: "Is a displaced homemaker"

The term "dislocated homemaker" means an individual who has been providing unpaid services to family members in the home and who-
(A) has been dependent on the income of another family member but is no longer supported by that income; and
(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

To assist  in determining eligibility under this category ... "a dependent, on the income of another family member", is further defined as someone whom, for six (6) months or more, has relied upon another family member for more than one half of the household income.

Wage record files should be reviewed to assess the degree to which the applicant was dependent upon another family memberís income.  Quarters with no wages or very low wages should qualify the applicant as "dependent" since they would be insufficient to support oneself and/or oneís family even if his/her income may have constituted 1/2 or more of the household income.

Note:  The definition of displaced homemaker under JTPA included individuals who had been dependent upon public assistance under Aid for Families with Dependent Children (AFDC) as well as those who had been dependent on the income of another family member.  The definition of displaced homemaker under WIA sec. 101(10) includes only those individuals who were dependent on a family memberís income.  Those individuals who have been dependent on public assistance may be served in the adult program.

Additional criteria which may be helpful in making decisions and/or working with dislocated workers (in no particular order) includes:  

* If a list of occupations in demand is available this can be used as a guide but each person needs to be looked at individually relative to their skills and interests and possible unique job opportunities.

* Itís best to go with the information available.  The more information that is available on which to base a decision, the better.

* The job description should be reviewed within the context of the company, not the industry.

* Always ask: can this person really do that job?

* Donít look at the rationales for unemployment to make a decision; unemployment eligibility is a totally different system based on different rules and parameters.

 * Donít consider the reasons why a person is seeking to be certified, just simply consider whether or not they are eligible or qualify to be certified.

Eligibility and Certification for Dislocated Workers under the Workforce Investment Act of 1998 Form:

Attached is the Eligibility and Certification for Dislocated Workers Form, WIA-5.  This form is a tool for use in determining WIA Title 1B eligibility for dislocated workers.  It also provides the participant with proof of eligibility.

The four categories of eligibility criteria on the WIA-5 match those defined in the above policy.  Dislocated workers must fit one of the criteria to be eligible for services.

Completion of the WIA-5 alone does not establish certification.  The WIA-1 is the official document of certification.  Certification occurs when all the items on the WIA-1 are completed, including all signatures.

Questions regarding these guidelines can be directed to the Dislocated Worker Unit at 860-263-6580.

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200 Folly Brook Boulevard, Wethersfield, CT 06109 / Phone: 860-263-6000

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