Applicants or recipients who voluntarily quit employment or
reduce work hours are ineligible to participate in the supplemental nutrition
assistance program (SNAP) subject to the requirements of this rule.
(A)What is
considered a voluntary job quit or reduction of work?
(1)A voluntary
job quit is a situation in which an individual who is required to register for
work, as set forth described
in rule 5101:4-3-11 of the Administrative Code, has voluntarily quit a
job of thirty hours or more a week without a good cause; or when an employee of
the federal, state or local government participates in a strike against such
government, and is dismissed from his or her job because of participation in
the strike.
(2)A reduction of
work is a situation in which an individual who is required to register for
work, as set forth described
in rule 5101:4-3-11 of the Administrative Code, has voluntarily reduced
their work hours less than thirty hours a week or to a level that results in
earning less than the federal minimum wage times thirty hours a week without
good cause.
(B)What
situations are not considered a voluntary job quit or reduction of work?
Any individual required to register for work that has:
(1)Any reduction
in hours mandated by the employer;
(2)Decided to
terminate self-employment;
(3)Resigned from
employment at the demand of the employer for any reason; or
(4)Quit a job and
secured comparable employment. "Comparable" is not strictly defined.
County agencies shall not declare a new job incomparable simply because the
number of hours or the salary is lower than the job that was quit.
(C)How does the
county agency verify a voluntary quit or reduction of work hours?
(1)When the
information given by the applicant or recipient is questionable, the county agency
shall request verification as defined in rule 5101:4-2-09 of the Administrative
Code.
(2)The assistance
group has the primary responsibility for providing verification, but when the
assistance group reports difficulty obtaining the verification in a timely
manner, the county agency shall provide assistance in obtaining the
verification.
(3)When the
assistance group and county agency are unable to obtain requested verification
because the quit or work effort reduction resulted from circumstances that are
unverifiable for good reasons, the individual shall not be denied under the
voluntary job quit or reduction of work effort provisions. Benefits shall not
be delayed beyond the normal processing time limits specified in paragraph (J)
of rule 5101:4-2-01 of the Administrative Code.
(D)How is good
cause established?
Good cause is defined in paragraphs (C) and (D) of rule
5101:4-3-11.1 of the Administrative Code. In determining when good cause exists
the county agency shall also determine if the employment was unsuitable as
described in paragraph (E) of rule 5101:4-3-11.1 of the Administrative Code or
if there was a domestic violence issue as established in paragraph (F) of rule
5101:4-3-11.1 of the Administrative Code. The county agency must take into
account the facts and circumstances including information submitted by the
employer, the assistance group, and or a collateral contact. When good cause is
determined, the county agency shall excuse the job quit or reduction in hours
and a sanction shall not be imposed.
(E)What happens
when the county agency determines a voluntary job quit or reduction of hours
has occurred without good cause?
(1)When an
applicant has a voluntary job quit or reduction of work hours within sixty days
of applying for assistance and without good cause they shall be found
ineligible for assistance for the period outlined in paragraph (A) of rule
5101:4-3-11.2 of the Administrative Code.
(2)When a
recipient of SNAP has a voluntary job quit or reduction of work hours without good
cause they shall be placed on a sanction. The sanctions outlined in paragraph
(A) of rule 5101:4-3-11.2 of the Administrative Code shall apply and the
recipient shall be notified in accordance with paragraph (B) of rule
5101:4-3-11.2 of the Administrative Code.
(F)How is
eligibility reestablished?
Eligibility may be reestablished during a disqualification
period and the individual shall, if otherwise eligible, be permitted to resume
participation without signing a JFS 03804 "Ohio Works First/Supplemental
Nutrition Assistance Program Sanction Compliance Agreement" ( rev 11/2016) when:
(1)The individual
secures new employment which that is comparable in salary or hours to the job that
was quit. Comparable employment may result in fewer hours or a lower net salary
than the job that was quit;
(2)The individual
may increase his or her work effort to thirty or more hours per week or earn an
amount equal to the federal minimum wage times thirty hours per week; or
(3)The individual
becomes exempt from the work registration requirements in paragraph (B) of rule
5101:4-3-11 of the Administrative Code.
(G)What occurs
after the minimum sanction period is served if when the sanctioned individual has not found new
employment or increased hours of employment?
(1)After the minimum sanction period has
been served, the individual may begin participation in the SNAP program if the
individual is complying with the requirements of rule 5101:4-3-11.1 of the
Administrative Code and is otherwise determined eligible.
(2)The individual may reestablish
eligibility at any time during the minimum sanction period by meeting an
exemption from work registration in accordance with rule 5101:4-3-11 of the
Administrative Code.
After the minimum sanction period has
been served, the individual may begin participation in the SNAP program when
the individual is complying with the requirements of rule 5101:4-3-11.1 of the
Administrative Code and is otherwise determined eligible.
Effective: 8/1/2022
Five Year Review (FYR) Dates: 5/2/2022 and 08/01/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 07/11/2022
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 06/02/1980, 04/01/1981, 06/18/1981,
01/22/1982, 12/31/1984 (Emer.), 02/01/1985 (Emer.), 04/01/1985, 08/16/1985
(Emer.), 11/01/1985 (Emer.), 01/01/1986, 01/02/1986 (Emer.), 04/01/1986,
07/01/1987 (Emer.), 09/28/1987, 01/13/1988 (Emer.), 03/24/1988, 01/01/1989
(Emer.), 03/18/1989, 10/01/1990, 07/01/1992, 02/01/1997 (Emer.), 04/13/1997, 10/01/1997
(Emer.), 12/01/1997 (Emer.), 01/01/1998, 11/01/1998, 01/09/2003, 12/06/2004,
12/31/2006, 02/01/2012, 07/01/2017