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
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
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
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
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
Additional criteria which may be helpful in
making decisions and/or working with dislocated workers (in no particular order)
* 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
* 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
* 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
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
Form Not Available