I.Purpose

The purpose of this policy is to communicate guidance and parameters for determining eligibility requirements for individuals who are seeking to participate in Workforce Innovation and Opportunity Act (WIOA)-funded adult and dislocated worker employment and training programs.

II.Effective Date

Immediately

III.Rescission

ODJFS, Workforce Innovation and Opportunity Act Policy Letter No. 15-02,

Adult and Dislocated Worker Eligibility, (July 15, 2015).

IV.Background

WIOA requires states to assist local workforce development areas with the implementation of employment and training activities for adults and dislocated workers. The WIOA program is designed to provide employment and training opportunities to those who can benefit from, and who are in need of, such opportunities. Meeting the eligibility criteria for a WIOA-funded program does not entitle an adult or dislocated worker to receive certain employment and training services. Local decisions on whether to provide specific services must be based upon additional state and local policy considerations, including, but not necessarily limited to, the appropriateness of services.

Statutory Eligibility Requirements for Adult and Dislocated Workers

Individuals wishing to receive employment and training services funded through the adult and dislocated worker programs must meet all of the following requirements:

1.Be legally authorized to work in the United States;

2.Be 18 years of age or older;

3.Be properly registered for selective service (refer to WIOAPL No. 15-04, Selective Service Registration, for details, including the list of exceptions to this requirement).

There are no additional eligibility criteria for the adult program. However, WIOA requires that priority for adult services must be given to recipients of public assistance and other low-income individuals, and individuals who are basic skills deficient for receipt of career and training services necessary for an individual to obtain or retain employment.

Additional Statutory Eligibility Requirements for Dislocated Workers

In addition to the requirements listed above, an individual must also fall into one or more of the following eligibility categories as outlined in section 3(15) (A-E) of WIOA, P.L. 113-128 to be eligible for the dislocated worker program

Category A: Terminated or Laid Off, or Received a Notice of Termination or Layoff, from Employment

• Has been terminated or laid off, or has received a notice of termination or layoff, from employment; AND
• Is eligible for or has exhausted entitlement to unemployment compensation; OR has been employed for a duration sufficient to demonstrate 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 a state unemployment compensation law; AND
• Is unlikely to return to a previous industry or occupation.

Category B: Plant Closure or Substantial Layoff

• Has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of or any substantial layoff at a plant, facility, or enterprise; OR
• Is employed at a facility where the employer has made a general announcement that such facility will close within 180 days; OR
• For purposes of eligibility to receive services under WIOA (P.L. 113-128), other than training services described in section 134(c)(3), career services described in section 134(c)(2)(A)(xii), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close.

Category C: Self-Employed Individual

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

Category D: Displaced Homemaker

• Is a displaced homemaker.

Category E: Military Spouse

• Is married to a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code), and has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; OR
• Is married to a member of the Armed Forces on active duty and meets the criteria of a displaced homemaker who is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

Special Eligibility Conditions for Dislocated Workers

The following are special circumstances that, when met, allow the worker to be determined eligible for the dislocated worker program, provided that the applicant is authorized to work in the United States, is 18 years of age or older, and is properly registered for selective service.

A.Reemployment Services and Eligibility Assessment (RESEA) and Unemployment Compensation Reemployment Services (UCRS)

The RESEA and UCRS systems are early intervention approaches for providing dislocated workers with reemployment services to expedite their return to productive employment. The Ohio Job Insurance (OJI) system selects claimants to participate in these programs have received a first Unemployment Insurance (UI) payment, do not have a definite return to work date, are not job attached, not attending approved training, and do not utilize a union hiring hall for employment. These selected claimants are considered to be unlikely to return to their previous occupations or industries and are considered dislocated workers under WIOA (P.L. 113-128), section 3(15), Category A: Terminated or Laid Off or Received a Notice of Termination or Layoff, from Employment.

B.Trade Eligible

The Trade Adjustment Act (TAA) is a program that assists individuals who became unemployed as a result of increased imports, with their return to suitable employment based upon an approved petition.  The TAA program provides reemployment services and allowances for eligible individuals.  Applicants are considered to be dislocated workers under Category A: Terminated or Laid Off, or Received a Notice of Termination or Layoff, from Employment, when the affected worker provides a copy of the petition approval letter or a screen shot from Ohio’s designated case management system indicating that the individual is trade eligible.

C.Locked-out Workers

Locked-out workers are considered to be dislocated workers under Category A: Terminated or Laid Off, or Received a Notice of Termination or Layoff, from Employment, when an ODJFS Office of Unemployment Compensation hearing officer has issued a determination that a lockout exists.

D.Buyouts and Forced or Early Retirements

Workers who receive buyouts or who are forced to retire are considered dislocated workers under Category A: Terminated or Laid Off, or Received a Notice of Termination or Layoff, from Employment, when all of the following conditions are met: 

• The employer has offered a buyout or early retirement, or has forced an early retirement as a means to reduce its workforce, and provides a financial incentive for long-term workers to leave their employment; and
• The participating workers would not be voluntarily leaving their positions or retiring from employment at this time; and
• The worker is eligible for Unemployment Insurance (UI); and
• They are unlikely to return to a previous industry or occupation.

Workers in the situation listed above are considered to be preserving the jobs for employees with less seniority.

E.Transitioning Service Members and Recently Separated Veterans

Dislocated worker funds can help transitioning service members or recently separated veterans enter or reenter the civilian labor force.

A transitioning service member or recently separated veteran qualifies for dislocated worker activities if he/she is separating from the Armed Forces with a discharge that is anything other than dishonorable, and he/she meets the following criteria: 

• The individual has received a notice of separation, a DD-214 from the Department of Defense, or other documentation showing a separation or imminent separation from the Armed Forces, thus satisfying the termination or layoff part of the dislocated worker eligibility criteria;
• The individual meets the dislocated worker eligibility criteria regarding eligibility for or exhaustion of unemployment compensation; and
• The individual meets the dislocated worker eligibility criterion of being unlikely to return to a previous industry or occupation.

For eligibility-related definitions, see Attachment A: Adult and Dislocated Worker Eligibility Glossary.

V.Local Workforce Development Area Requirements

Unlikely to Return to a Previous Industry or Occupation

Under 20 CFR 680.130, local areas may establish additional criteria to the “unlikely to return to a previous industry or occupation” definition.

If the local area identifies additional criteria, to the “unlikely to return to a previous industry or occupation” definition, a local policy must be developed to define “unlikely to return to a previous industry or occupation”. The local area may also identify other appropriate source documentation based on those additional criteria.

VI.Reporting

As recipients of WIOA dislocated worker funds, the Ohio Department of Job and Family Services (ODJFS), Office of Workforce Development and the local workforce development areas are required to maintain and report accurate program and financial information. Pursuant to rule 5101:9-30-04 of the Ohio Administrative Code, information regarding WIOA participants and their activities and performance must be entered into Ohio’s designated case management system accurately and timely. The system may be used to assist in the determination of eligibility but cannot be used as verification of adult or dislocated worker eligibility. WIOAPL No. 15-07.2, Source Documentation for WIOA Eligibility, lists the type of acceptable documentation to verify eligibility for the WIOA adult and dislocated worker programs.

VII.     Monitoring

At the local level, the area must conduct oversight of the implementation of the WIOA adult and dislocated worker programs to ensure that participants enrolled in the programs are eligible and that eligibility has been properly documented.

During an annual onsite assessment of compliance with federal and state laws and regulations, the state’s program monitors will evaluate the area’s determination of eligibility for adult and dislocated worker services, by means that include a review of participant files. Any issues of concern will be handled through the state’s monitoring resolution process.

VIII.    Technical Assistance

For additional information, you may send your questions to the Office of Workforce Development:  OWDPOLICY@jfs.ohio.gov.

For technical assistance, you may send your request to the Office of Workforce Development:  WIOAQNA@jfs.ohio.gov.

IX.Reference

Workforce Innovation and Opportunity Act, Pub. L. 113-128

20 C.F.R Parts 603, 680, et al

29 U.S.C. 3101 et seq.

Ohio Admin. Code 5101:9-30-04.

ODJFS, Workforce Innovation and Opportunity Act Policy Letter No. 15-07.2, Source Documentation for WIOA Eligibility, (February 20, 2019).

ODJFS, Workforce Innovation and Opportunity Act Policy Letter No. 15-04, Selective Service Registration, (July 1, 2015).

ODJFS, Workforce Innovation and Opportunity Act Policy Letter No. 15-09.1, Training Services for Adult and Dislocated Worker, (January 8, 2018).

X.Rescission

ODJFS, Workforce Innovation and Opportunity Act Policy Letter No. 15-02, Adult and Dislocated Worker Eligibility, (July 15, 2015).