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MEMO: AP 00-19

Last Updated: November 15, 2016

DATE:  November 2, 2000

TO: WIB Directors; WIB Chairpersons; Grant Recipients

FROM: Lorna Joseph, Acting Director of Program Support

SUBJECT: Effect of Interim Employment on Dislocated Worker Eligibility Under the Workforce Investment Act (WIA)

Background:  This memorandum provides clarification of state policy and interpretation of the definition of interim employment as it would apply toward the determination of dislocated worker status.

Policy:  An individual shall remain eligible as a dislocated worker if he or she:

(1) remains unemployed; or

(2) accepts interim employment for the purpose of income maintenance prior to, and/or during, participation in the Dislocated Worker Program with the intention of ending such interim employment at the completion of the program and entering into permanent, unsubsidized employment as result of the program.  Such interim employment must be with an employer other than that from which the individual was dislocated.  This provision applies to eligible individuals both prior to and subsequent to enrollment.

One of the following conditions must be met to classify employment entered into by a dislocated worker as “interim employment”:

The interim employment is characterized as temporary by the employer at the time of hire.  (Note:  if the temporary employment is at the same company from which the worker was dislocated, the worker is not eligible to receive services until the temporary assignment has concluded.) or, The interim employment is outside the applicant’s area of training and expertise, and is considerably below his or her highest wage and skill level.  This is employment which is understood to be transitory for the purpose of income maintenance until the applicant can obtain more suitable work.  To clarify “transitory” it is important to look at intent.  Why did the individual take the job?  Has the individual been looking for employment and/or has he or she established themselves in another occupation?  The individual would need to demonstrate that the job was transitory and that he or she has made an effort to find suitable employment.  “Transitory” cannot be for more than one year.  (Considerably below the applicant’s highest wage is defined as less than 80% of the applicant’s previous highest wage level.) or, The interim employment lasts less than six months in duration.  This applies to any employment held by the applicant, including work which is similar to their previous occupations.

Documentation and Verification:  Adequate documentation that demonstrates one of these conditions exists must be obtained for each applicant who has held interim employment since their dislocation occurred.

The applicant’s wages and the duration of the interim employment may be documented by copies of the applicant’s pay stubs, a letter from the employer, or copies of the applicant’s Unemployment Compensation records.

Skill level may be determined by comparing the worker functions of the Dictionary of Occupational Titles (DOT) code for the applicant’s interim employment to the DOT code of the applicant’s highest skill level occupation.

Inquiries:  Questions may be directed to the Dislocated Worker/Rapid Response Unit at (860) 263-6580.

Administrative Procedures Memos 


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