1. Workforce Innovation and Opportunity Act Eligibility
(WIOA)

2. WIOA Dislocated Worker Eligibility
WIOA Title 1 Authority
Workforce Investment Opportunity Act of 2014
Training and Employment Guidance Letter – Guidance on Services Provided through Adult and Dislocated Worker under WIOA – dated March 1st, 2017
WIOA E-Policy Chapter 5 - General Eligibility
WIOA E-Policy Chapter – – Selective Service
WIOA E-Policy Chapter 5.3 – Dislocated Worker Eligibility

3. General Eligibility
WIOA E-Policy 5 General Eligibility Requirements - all registered individuals must meet two general eligibility requirements:
All individuals participating in WIOA Title 1 programs must be authorized to work in the United States
All males born after December 31, 1959, who have reached age 18, must be registered with Selective Service

4. 1D – Dislocated Worker Eligibility
WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility
Unlikely to Return to Previous Industry or Occupation
Plant Closure or Substantial Layoff
Formally Self-Employed, now Unemployed
Displaced Homemaker
Spouse of a member of the Armed Forces on active duty

5. 1D – Dislocated Worker Eligibility
By far, the most complex Dislocated Worker criteria is for “Unlikely to Return to Previous Industry or Occupation” – We will just call this “Unlikely to Return”

6. Unlikely to Return
Dislocated Worker Eligibility criteria for “Unlikely to Return to Previous Industry or Occupation” is very layered so let us move on to the details for “Unlikely to Return”

7. Unlikely to Return
First, as listed in WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph 1.A.1.a. - individual has been terminated or laid off, or has received notice of employment termination or layoff; and

8. Unlikely to Return
This individual that has been terminated or laid off, or has received notice of employment termination or layoff; must as listed WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph I.A.1.b.1)
The classification of persons as eligible for unemployment compensation is limited to those who have been determined eligible to receive a monetary benefit by the state unemployment insurance administering agency, or who have been determined by the state unemployment insurance administering agency to have exhausted their benefits, OR

9. Unlikely to Return
This individual that has been terminated or laid off, or has received notice of employment termination or layoff; and as listed WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph - paragraph I.A.1.b.2)
Has been employed for a duration sufficient to demonstrate attachment to the workforce (meaning the individual must have at least six months employment in the industry or occupation from which he/she was dislocated), 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 UI law; (This is known as “Tenure”)

10. Tenure Requirement
“Tenure” is the alternative to UI eligibility and is basically for an individual who worked at a job that had not paid into UI – there is also criteria under this tied to if the individual had insufficient wages to draw a monetary UI benefit

11. Tenure
The key for “Tenure” is, if individual paid into unemployment and was denied for UI benefits for some reason (other than insufficient earnings) there is no way the client could meet the “Tenure” criteria!

12. Tenure
Can anyone give me examples of jobs that do not pay into UI ?

13. Tenure
Some example of jobs not covered under the state unemployment compensation law
Church or religious organization
Railroad
Insurance agent
Private Contractor
Agricultural labor
Domestic Service
Family Business
Longitudinal Employer Household Dynamics, U.S. Census Bureau, January 2002

14. Tenure – Military Separation
Often people who separate from the armed forces after their enlistment (discharged from active duty) are not eligible for UI – if that is the case with someone you are working with, Illinois Department of Employment Security has given guidance that those are people who would meet “Tenure” if they had served at least six months in the armed forces and are not eligible for UI

15. Unlikely to Return
REALLY important to understand – any individual attempting to be qualified under “Unlikely to Return”, the individual must be eligible to draw a monetary benefit from UI; or has exhausted UI OR meets Tenure before these other criteria come into play!

16. If Not Eligible For UI
If a person paid into UI and was denied to draw a monetary benefit, (unless it was insufficient wages) you cannot make the client eligible under the dislocated worker criteria of “Unlikely to Return to Previous Industry or Occupation”

17. Drawing UI
Regardless if the individual was fired, quit, or laid-off; if determined eligible to draw a monetary UI benefit or has exhausted their monetary UI benefit the criteria of being terminated or laid off is met; then the client must meet one of the four following criteria’s:

18. Unlikely to Return
WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph I.A.1.c.1)
Laid off or terminated from a low growth industry, defined by a North American Industrial Classification System (NAICS) code category with less than the statewide average growth rate; and/or

19. Unlikely to Return
WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph I.A.1.c.2)
Laid off or terminated from a low growth occupation, defined as any O*Net Codes category with an average annual employment growth rate of less than the statewide average growth rate for all occupations;

20. Unlikely to Return
If a clients dislocation job is either a low growth (declining) industry (NAICS) OR a low growth occupation (O*Net) they would meet the criteria then they meet one of the criteria as outlined in WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph I.A.1.c.1) and/or 2)
Both low growth industry or low growth occupation eare captured towards the bottom of the Dislocation Job that has been loaded into IWDS (see example on next screen)

21. Unlikely to Return
However, if a client’s dislocation job was not from a declining industry (NAICS) or a low growth occupation (O*Net) then to qualify under “Unlikely to Return” there are a couple other options to support eligibility, and these are documented on the “Dislocated Worker Characteristics” screen

22. Unlikely to Return
Still, important to understand – any individual attempting to be qualified under “Unlikely to Return”, the individual must be eligible to draw a monetary benefit from UI; or has exhausted UI OR meets Tenure, but if the dislocation job is not from a low growth industry or a declining industry there are still a couple additional ways to support eligibility criteria and both are documented on the “Dislocated Worker Characteristics” screen within the clients IWDS application

23. Unlikely to Return
If the client’s dislocation job was not from a declining industry (NAICS) or a low growth occupation (O*Net) then to qualify under Unlikely to Return there are a couple other options to support eligibility, one is if a clients meets the criteria under WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph I.A.1.c.3)
Have been unemployed for at least 26 weeks and have completed one month of job search through Illinois workNet; (This would be considered long term unemployed)

24. Dislocated Worker Characteristics Screen
If the client meets criteria of both – “Unemployed at least six months prior to application” and “Completed one month of job search” are populated with “Yes” the client will meet the criteria outlined in WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph I.A.1.c.3):
As mentioned before, this criteria is not required to support the eligibility if the clients dislocation job is either from a declining industry and/or from a low growth occupation

25. Unlikely to Return
So if the individual meets criteria of has been terminated or laid off, or has received notice of employment termination or layoff; and is eligible to draw a monetary benefit from UI; or has exhausted UI OR meets Tenure, but the dislocation job is not from a low growth occupation, or a declining industry, nor does the client meet the long term unemployed criteria, there is one last way an individual could meet eligibility under “Unlikely to Return”

26. Dislocated Worker Characteristics
See the criteria outlined in WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph I.A.1.c.4) – “Requires Additional Assistance” can be used to support the remaining criteria of “Unlikely to Return to Previous Industry or Occupation”
Really should only be concerned with “Requires Additional Assistance” if the dislocation job is not from a low growth occupation and/or a declining industry; and if the client does not meet the criteria of unemployed at least six months with one month of documented job search

27. Dislocated Worker Characteristics
WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility - paragraph I.A.1.c.4) and the client will meet:
After an assessment of education, skills and work experience have been determined by the Title IB entity to “Require Additional Assistance” to qualify for any available openings in the industry or occupation from which the person was laid off, or to obtain employment in another occupation. Such determination must be documented in the person’s case file

28. Dislocated Worker Characteristics
“Requires Additional Assistance” can only be justified in the assessment by the Career Planner on why the individual cannot continue to work in their industry and/or occupation

29. Dislocated Worker Characteristics
“Requires Additional Assistance” can only be justified by the “Career Planners” assessment
Can anyone give me an example of when “Requires Additional Assistance” might come into play?

30. Requires Additional Assistance
Examples of circumstances where a client whose dislocation job is not from a declining industry or low growth occupation, and the individual is not long term unemployed, and the individual could meet the criteria of “Requires Additional Assistance”
CDL truck driver who has a medical or legal reason that prevents the individual from continuing to drive

31. Requires Additional Assistance
Examples of circumstances where a client whose dislocation job is not from a declining industry or low growth occupation, and the individual is not long term unemployed, and the individual could meet the criteria of “Requires Additional Assistance”
CDL truck driver who has a medical or legal reason that prevents the individual from continuing to drive
Licensed professional who has lost their license for some reason

32. Requires Additional Assistance
Examples of circumstances where a client whose dislocation job is not from a declining industry or low growth occupation, and the individual is not long term unemployed, and the individual could meet the criteria of “Requires Additional Assistance”
CDL truck driver who has a medical or legal reason that prevents the individual from continuing to drive
Licensed professional who has lost their license for some reason
An individual whose dislocation job is not appearing in IWDS as a low growth occupation or a declining industry, but you have the labor market information to support that job meets one or both of those criteria

33. Unlikely to Return
This wraps up the dislocated worker eligibility criteria for “Unlikely to Return to Previous Industry or Occupation”
If you understand the in’s and out’s of “Unlikely to Return” eligibility, the rest of WIOA Dislocated Worker Eligibility should be easy

34. WIOA Dislocated Worker
Plant Closure or Substantial Lay-off criteria outlined in WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility on page 2 - paragraphs I.A.2.a.;b.;c.;d.

35. Plant Closure or Substantial Layoff
An individual must have been terminated or laid off, or has received notice of termination or layoff from employment due to a permeant closure of or a substantial layoff at a plant, facility or enterprise; OR

36. Plant Closure or Substantial Layoff
An individual must have been terminated or laid off, or has received notice of termination or layoff from employment due to a permeant closure of or a substantial layoff at a plant, facility or enterprise; OR
Is employed at a facility in which the employer has a made a general announcement that the facility will close within 180 days;

37. Plant Closure or Substantial Layoff
Really for plant closure or substantial layoff you just need the layoff letter showing the client was working at the place
What if place closes the doors and no layoff letter was ever given?

38. Plant Closure or Substantial Layoff
If a business closes doors and employees receive no layoff letter
An article out of the newspaper and documentation showing the client worked at the place would suffice

39. Plant Closure or Substantial Layoff
By far one of the easiest ways to qualify your clients under the Dislocated Worker criteria of Plant Closure or Substantial Layoff and should be used any time the client meets the criteria

40. Formerly Self-Employed, now Unemployed
Criteria for Formerly Self-Employed is outlined in WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility on page 2 - paragraphs I.A.3.

41. Formerly Self-Employed, now Unemployed
Must be primary job

42. Formerly Self-Employed, now Unemployed
Formerly self-employed but no longer employed - just requires something showing the business closed due to:
General economic conditions
Flood or other natural disasters
Going out of business and has evidence of conditions to support business failure

43. Formerly Self-Employed, now Unemployed
Includes farm, ranch or fish hatchery workers who lost their job because their place of employment closed due to general economic conditions, or a natural disaster

44. Formerly Self-Employed, now Unemployed
Within IWDS on the “Edit Job” screen the dislocation job must have “Yes” to the “Self-Employed” question

45. Formerly Self-Employed, now Unemployed
Eligibility for this title could also be met if the individual worked as a Farm, Ranch or Fishery hand where the business closed due to general economic conditions in the area or a natural disaster

46. Displaced Homemaker
Criteria for Displaced Homemaker is addressed in WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility on page 3 - paragraphs I.A.4.

47. Displaced Homemaker
For an individual to meet the eligibility criteria under “Dislocated Worker - Displaced Homemaker” they must have been providing unpaid services to family members and who:
Has been dependent on the income of another family member but is no longer supported by that income; and
Is unemployed or under employed and experiencing difficulty in obtaining or upgrading employment

48. Displaced Homemaker
One point to notice, under the new WIOA definition (see glossary of terms) for “Displaced Homemaker” there has been additional wording added to the definition of the “Displaced Homemaker” where it speaks about the dependent spouse of a member of the Armed Forces so that is available, however, the wording is a bit awkward and appears to duplicate the new criteria of Spouse of an Active Duty Service Member
Myself, I would utilize the new WIOA Dislocated Worker criteria of Spouse of Active Duty Service that we will speak about in a few moments for those individuals

49. Displaced Homemaker
Can anyone give me some of the circumstances where a client would meet the eligibility criteria for a “Displaced Homemaker”?

50. Displaced Homemaker
Possible “Displaced Homemaker” eligibility criteria:
Unemployed or under-employed spouse who get’s divorced/separated and cannot afford to get a divorce from primary earner in the family

51. Displaced Homemaker
Possible “Displaced Homemaker” eligibility criteria:
Unemployed or under-employed spouse who get’s divorced/separated and cannot afford to get a divorce from primary earner in the family
Unemployed or under-employed whose spouse was the primary earner and passed away

52. Displaced Homemaker
Possible “Displaced Homemaker” eligibility criteria:
Unemployed or under-employed spouse who get’s divorced/separated and cannot afford to get a divorce from primary earner in the family
Unemployed or under-employed whose spouse was the primary earner and passed away
Unemployed or under-employed spouse where the primary earner in the family loses their job

53. Displaced Homemaker
Can anyone think of any other instances where a client could meet the requirements for a “Displaced Homemaker” criteria?

54. Displaced Homemaker
For the documentation to support the claim of “Displaced Homemaker” – it depends on which criteria of the eligibility the client meets as a “Displaced Homemaker”
Typically you will need the clients work history showing either unemployed or under-employed, and then based on the scenario either you need court order, death certificate, self-attestation for marital status for those who cannot afford a divorce, or layoff letter of spouse

55. Spouse of Active Duty Service Member
Criteria for Spouse of a member of the Armed Forces on Active Duty is addressed in WIOA E-Policy Chapter 5.3 Dislocated Worker Eligibility on page 3 - paragraphs I.A.5.a. & b.

56. Spouse of Active Duty Service Member
For an individual to meet the eligibility criteria under “Dislocated Worker – Spouse of Active Duty Service Member” they must meet one of the following criteria:
Has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station; OR
Is unemployed or underemployed and experiencing difficulty in obtaining or upgrading employment

57. Spouse of Active Duty Service Member
To qualify as a Dislocated Worker – Spouse of Active Duty Service member, the “Dislocated Worker Characteristics” screen question of Spouse of Active Duty Service Member that must be populated with a “Yes” and then at least one “Yes” to one of the following questions:
Employment lost due to relocation?
Unemployed, underemployed and experiencing difficulty in obtaining or upgrading employment?

58. Spouse of Active Duty Service Member
To qualify as a Dislocated Worker – Spouse of Active Duty Service member who meets the criteria of unemployed, underemployed and experiencing difficulty in obtaining or upgrading employment you would just need the clients military identification card showing spouse of an active duty service member and the clients work history for support documentation

59. Spouse of Active Duty Service Member
To me this new criteria for Dislocated Worker of Spouse of Active Duty Service member is easier than utilizing the new updated definition of “Displaced Homemaker” where there has been new wording about “dependent spouse of a member of the Armed Forces on active duty”
However, both are in the new legislation so feel free to utilize as you see fit

60. Hard Copy Documentation
After eligibility is certified on a client, the documentation that was used to support eligibility, where must be the documentation be maintained?

61. Hard Copy Documentation
After eligibility is certified on a client, the documentation that was used to support eligibility, where must be the documentation be maintained?
Eligibility Documentation must be maintained in the clients original file!

62. WIOA Eligibility
In conclusion – for WIOA Dislocated Worker Eligibility – it is so very important to remember that for every client you serve, you are touching so many other individuals who are relying on your client – every customer is the most important person to those they support and you are making a huge difference with every individual that you provide WIOA services

63. WIOA Eligibility
Questions ?