1510.015.30  Appropriate Work and Training Criteria

1. Use the criteria below to determine whether or not work is appropriate.
   1. Appropriate work may be temporary, permanent, full-time, part-time, or seasonal work if such work meets the other work standards of this section.
   2. The wage should meet or exceed the Federal or State minimum wage law, whichever is applicable, or is such laws are not applicable, the wage should not be substantially less than the wage normally paid for similar work in that labor market but in no event shall it be less than three-fourths of the minimum wage rate.
   3. The daily and weekly hours of work do not exceed those customary to the occupation.
   4. No individual is required to accept employment if:
      1. the position offered is vacant due to strike, lockout, or other bona fide labor dispute;
      2. the individual is required to work for an employer contrary to the conditions of his existing membership in the union governing that occupation.  Employment not governed by the rules of a union in which he has membership may be deemed appropriate;
      3. the job offered interrupts full-time training that is intended to have a definite short-term (less than one year) employment objective.
2. Use the criteria below to determine whether training is appropriate.  (see language training.)
   1. The quality of the training must meet local employers' requirements so that the individual will be in a competitive position within the local labor market.
   2. The training must be likely to lead to employment which will meet the appropriate work criteria outlined in this section.
   3. The training must be full-time and must have a definite short-term (less than one year) employment objective.
   4. No person is exempt from accepting employment because of part-time participation in training under an approved employability plan.
3. The following additional standards must be met before a refugee can be required to accept work or training assignment:
   1. The work or training assignment must be related to the physical and mental capability of the individual to perform the task on a regular basis.  Substantiate any claim of adverse effect on an individual's physical or mental health by adequate medical statements.
   2. The commuting time to and from home to the work or training site should not normally exceed two hours (this does not include the time it takes to transport a child to and from a child care facility) unless a longer commuting distance and time is generally accepted in the community, in which case the round trip commuting time shall not exceed the generally accepted community standards.
   3. The work or training site must not be in violation of applicable Federal, State, and local health and safety standards.
   4. The work or training assignment is not discriminatory in terms of age, sex, race, creed, color, or national origin.
4. Use the criteria below to determine whether language training is appropriate.
   1. The refugee is not required to accept or continue language training unless suitable child care arrangements can be made.
   2. The commuting time to and from home to the training site should not normally exceed two hours.
   3. The Refugee Resettlement funded agencies will determine the appropriateness of language training for the individuals referred to them.