Applicants or recipients who voluntarily quit employment or
reduce work hours are ineligible to participate in the food
assistance programsupplemental 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 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 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) An individual who quitQuit a
job and secures 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 whichthat was quit.
(C) How does the
county agency verify a voluntary quit or reduction of work hours?
(1) IfWhen 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 ifwhen the assistance
group reports difficulty obtaining the verification in a timely manner, the
county agency shall provide assistance in obtaining the verification.
(3) IfWhen 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 ifwhen good cause exists
the county agency shall also determine if the employment was unsuitable as set forthdescribed in
paragraph (E) of rule 5101:4-3-115101:4-3-11.1 of the Administrative Code or if there
was a domestic violence issue as established in paragraph (F) of rule 5101:4-3-115101:4-3-11.1 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. IfWhen 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 ifwhen the county agency
determines a voluntary job quit or reduction of hours has occurred without good
cause?
(1) IfWhen 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) IfWhen a recipient of food assistance 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/Food AssistanceSupplemental
Nutrition Assistance Program Sanction Compliance Agreement" (rev 12/2009 rev 11/2016) if when:
(1) The individual
secures new employment which is comparable in salary or hours to the job whichthat was quit.
Comparable employment may result in fewer hours or a lower net salary than the
job whichthat 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 other than
paragraph (A)(3) or (A)(8) of rule 5101:4-3-11 of the Administrative Code.
(G) What occurs
after the minimum sanction period is served if the sanctioned individual has not found new employment
or increased hours of employment have not been achieved by the sanctioned individual?
(1) After the minimum sanction period has been served, The the individual may
begin participation in the SNAP program if the
individual does not fail or refuse to complyis 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 periodcomply by meeting another work requirementan
exemption from work registration in accordance with rule 5101:4-3-11 of
the Administrative Code.
Effective: 07/01/2017
Five Year Review (FYR) Dates: 04/12/2017 and 07/01/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 06/19/2017
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 6/2/80, 4/1/81, 6/18/81, 1/22/82,
12/31/84 (Emer.), 2/1/85 (Emer.), 4/1/85, 8/16/85 (Emer.), 11/1/85 (Emer.),
1/1/86, 1/2/86 (Emer.), 4/1/86, 7/1/87 (Emer.), 9/28/87, 1/13/88 (Emer.),
3/24/88, 1/1/89 (Emer.), 3/18/89. 10/1/90, 7/1/92, 2/1/97 (Emer.), 4/13/97,
10/1/97 (Emer.), 12/1/97 (Emer.), 1/1/98, 11/1/98, 1/9/03, 12/6/04, 12/31/06,
2/1/12