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5.11 - WORKFARE
ISSUE DATE: 07/2019
● | Workfare is a work component in which SNAP recipients perform work in a private or public non-profit agency as a condition of eligibility. In lieu of wages, workfare participants receive compensation in the form of their household’s monthly benefit allotment. The primary goal of workfare is to improve employability and encourage individuals to move into regular employment while returning something of value to the community. Workfare assignments cannot replace or prevent the employment of regular employees and assignments must provide the same benefits and working conditions provided to regular employees performing comparable work for comparable hours. The maximum number of hours of work required of a household each month is determined by dividing the household’s SNAP benefit allotment by the federal or state minimum wage, whichever is higher. The county agency or Employment Services Provider (ESP) must round the number of hours arrived at through this computation down to the next full hour. For time-limited participants, the work requirement is considered to be met when the maximum number of hours are obtained. This component requires the provider to enter into a worksite agreement which specifies days/hours of work and responsibilities of the participant and supervisor. |
A contractual agreement is required between the ESP and the agency providing the workfare slot. The participant’s previous training, experience, and skills should be considered when making a placement in a workfare position.
The ESP must ensure that no work assignment results in:
● | Termination, layoff, or reduction of work hours of an employee for the purpose of hiring a workfare participant. |
● | The hiring of a workfare participant if any other person is on layoff, including seasonal layoff, from the same or a substantially equivalent job. |
● | Any infringement of the promotional opportunities of any currently employed individual. |
● | The impairment of an existing contract for services or a collective bargaining agreement. |
● | A participant filling an established unfilled position vacancy. |
The employer must provide the same or equivalent working conditions to workfare employees as it does to similarly situated employees. The job slot cannot involve political or partisan activities.
Participation in a workfare work site is voluntary for all participants. No participant shall be required to participate in workfare. Priority for work site placement should be given to participants who cannot “earn” additional months of SNAP benefits in another way. Within the limits of program funding, participants must be reimbursed for any out-of-pocket costs of participating.
It is recommended that job seeking be continued in addition to the workfare placement so that suitable employment is located early.
The participant's ESP must include the length of time needed in the workfare program, the need to continue job seeking activities while participating in workfare, and the participant's employment goals. After each 6 months of a person’s participation in a workfare job placement, and at the conclusion of each workfare assignment under this section, the ESP must reassess and revise, as appropriate, the participant's employment plan.
The ESP must maintain records of hours worked, work sites, and hours assigned, and must maintain communications with the county agency regarding work site operations. All records must be maintained for a minimum of 10 years after termination from the program.
After a participant has been assigned to a workfare position for 9 months, the participant may not continue in that assignment, unless the maximum number of hours the participant works does not exceed the SNAP benefit divided by the rate of pay for individuals employed in the same or similar occupations by the same employer at the same site.
A participant has good cause for failure to cooperate with a workfare placement if, in the judgment of the county agency or ESP, the reason for failure is reasonable and justified.
Workfare participants who are in an ESP-approved work site qualify for the Injury Protection Program (IPP). This state-funded program provides payment for medical treatment, permanent partial disability compensation, and compensation for injuries resulting in death for people who are injured while performing work under the workfare program.
Compensation under the IPP is limited to reimbursement for reasonable medical expenses and permanent partial disability compensation in amounts comparable to those allowed under the state’s Workers’ Compensation program. Compensation for injuries resulting in death includes reasonable medical expenses and burial expenses, in addition to payment to the participant's estate in an amount up to $200,000. Payments made by the IPP are reduced by any proceeds received from any insurance policy covering the loss (excluding Health Care payments).
The IPP does not provide payment for pain and suffering, lost wages, or other benefits provided under Workers’ Compensation.
Complete the Injury Protection Program Participant Information and Authorization to Release Medical Information (DHS-3994) (PDF) prior to placing a participant in workfare.
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