.Purpose

Policy

Background

Release Date:

September 9, 2020

Definitions

Requirements

Verification Docs

CALFRESH

63-408 Voluntary Quit

Purpose

(    ) To release a new policy

(    ) To release a new form

( X ) To convert existing policy to new writing style only – No concept changes

(    ) Revision of existing policy and/or form(s).

(    ) To release a new form writing style only – No concept changes

 

The following sections will be discussed in detail in this release:

 

Determination of Good Cause

Exemptions from Voluntary Quit and Reduction of Work Effort Disqualifications

Disqualification Period

Ending a Disqualification for Voluntary Quit or Reduction of Work Effort

Policy

Voluntary quit is defined as resigning a job that is 30 hours or more per week or that provides weekly earnings that are at least equivalent to the federal minimum wage, multiplied by 30 hours.

 

A mandatory work registrant individual is ineligible for CalFresh if he/she either voluntarily quits a job or reduces the number of work hours.  However, the individual is exempt from the voluntary quit or reduction of work hours disqualification provisions if he/she qualifies for one of the work requirement exemptions.

 

Any individual applying for CalFresh who is work registrant and voluntarily quit their job within 60 days prior to the date of application without good cause is subject to denial for disqualification for one, three, or up to six months.

 

If the HH provided reason for the job loss is questionable, the County must request verification of the reason for the job loss. The County must document in case Journal why the information is questionable before requesting verification from the HH.

 

However, the following situations will not be considered a voluntary quit:

 

1.    Changes in employment status that result from reducing hours of work while working for the same employer;

2.    Terminating a self-employment enterprise; or

3.    Resigning from a job at the demand of the employer.

 

Also, if an individual who quits a job and then secures new employment that consists of at least the same number of hours or the same salary and is then laid off or, through no fault of his/her own, loses the new job, then the earlier quit will not be considered for the basis of a disqualification.

 

Reduction of Work Effort

 

A reduction of work effort means an individual voluntarily decreases the number of hours worked in paid employment to less than 30 per week. 

 

Any individual applying for CalFresh who is work registrant and reduces their work hours within 60 days prior to the date of application without good cause is subject to denial for disqualification for one, three, or up to six months, depending on the number of work hour reduction instance(s).

 

However, if an individual reduces hours while already working in a job of less than 30 hours per week, a CalFresh disqualification will not be imposed. This information must be annotated into the case Journal page. 

 

Note:  Unlike voluntary quit, the federal minimum wage equivalency does not apply when determining a reduction in work hours.

Background

N/A

Definitions

N/A

Requirements

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Requirement

Limit/Condition

Determination of Good Cause

 

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The determination of good cause is required in those instances where a work registrant has voluntarily quit a job or reduced work effort.  The facts and circumstances, which includes information provided by the individual and the employer, must also be considered.

 

Good cause for voluntarily quitting a job or reducing work effort include:

 

1.    Circumstances beyond the work registrant’s control, such as (but not limited to):

 

a.    Illness;

b.    Illness of another household (HH) member requiring the presence of the work registrant individual;

c.    A HH emergency;

 

d.      The unavailability of transportation; or

e.      Problems caused by inability of the work registrant          to speak or write English.

 

2.    Resigning from a job that does not meet the employment suitability criteria;

3.    Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs;

4.    Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

5.    Acceptance by the work registrant individual, or his/her enrollment of at least half-time in any recognized school, training program or institution of higher education that requires the individual to leave employment;

6.    Acceptance by any other HH member of employment or enrollment at least half-time in any recognized school, training program or institution of higher education in another county or state which requires the HH to move and thereby requires the work registrant to leave employment;

7.    Resignations by persons under the age of 60 which are recognized by the employer as retirement;

8.    Acceptance of a bona fide offer of employment of 30 hours or more a week, or in which the weekly earnings are equivalent to the federal minimum wage multiplied by 30 hours; or because of circumstances beyond the control of the individual, the job either does not materialize or results in employment of less than 30 hours a week, or weekly earnings of less than the federal minimum wage multiplied by 30 hours;

9.    Leaving a job in connection with patterns of employment in which the worker frequently move from one employer to another such as a migrant farm laborer or construction worker;

 

Note In a situation where the work registrant individual applies for CalFresh between jobs, specifically in cases where work may not yet be available at the new job site, the work registrant individual will be considered to have quit with good cause, if quitting the previous job is part of the pattern of such employment.

 

10.  Situations where there is a lack of adequate child care arrangements available for a work registrant’s children who have reached age six, but are under twelve years of age.

 

Note:  A federal, state, or local government employee who has been dismissed from his/her job because of participation in a strike against the government does not have a good cause for leaving employment.

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Exemptions from Voluntary Quit and Reduction of Work Hours Disqualifications

 

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Individuals who qualify for one of the work requirement exemptions are not subject to voluntary quit or reduction of work hours disqualification provision, and may regain CalFresh eligibility by reapplying if otherwise eligible.

 

The work requirement exemptions are as follows:

 

a.    A person under 16 years of age or 60 years of age or older;

b.    A person physically or mentally unfit for employment;

c.    A HH individual registered for Employment Services Program (e.g., GAIN);

d.    A parent or caretaker responsible for a child under 6 years of age or incapacitated person;

e.    A person who is receiving Unemployment Insurance Benefits (UIB) or who has applied for, but has not yet begun to receive unemployment compensation;

f.     A person participating in a drug addiction or alcoholic rehabilitation program;

g.    A person who is employed or self-employed and working at least 30 hours per week or has earnings equal to federal minimum wage for 30 hours a week;

h.    A student enrolled at least half time in any recognized school, training program, or institution of higher education; and

i.      Victims of trafficking, domestic violence, or other serious crimes (T & U Visas).

                                                                                               

Disqualification Period

 

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Whenever a determination has been made that there is no good cause for the voluntary quit or reduction of work hours, the work registrant HH member will be disqualified from CalFresh.

 

The length of the disqualified period will apply as follows:

 

If….

Then Disqualification Period Is For….

This is the First voluntary quit or reduction of work hours instance

ONE (1) calendar month.

This is the Second voluntary quit or reduction of work hours instance

THREE (3) calendar months.

This is the Third or more voluntary quit or reduction of work hours instance

SIX (6) calendar months.

Ending a Disqualification for Voluntary Quit or Reduction of Work Effort

 

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After the end of the minimum disqualification period, eligibility for CalFresh may be reestablished if the work registrant individual, who is otherwise eligible, applies and is determined to be in compliance with the CalFresh work registration requirements.

 

An individual who fulfills one of the CalFresh work registration requirements or agrees to fulfill the requirements as specified by the county agency at application is considered to be in compliance.

 

If at any time during the period of disqualification an individual qualifies for one of the work registration exemptions, then disqualification period will end, and the individual may reestablish CalFresh eligibility by reapplying if otherwise eligible.                                                      

 

Verification Documents

N/A