0275.040.00  WORK EXPERIENCE PROGRAM

The Work Experience Program includes both Alternative Work Experience Program (AWEP) and Community Work Experience Program (CWEP) activities.  Work Experience Program is an unpaid, volunteer work activity designed to improve the employability of Temporary Assistance (TA) recipients not otherwise able to obtain and maintain suitable employment.

AWEP/CWEP activities may be used to supplement other activities (other than Community Service Program) if the TA recipient is not meeting their hourly work requirements and he/she needs to gain additional work skills.  AWEP/CWEP is designed to provide work experience and training to assist the recipient to move promptly into regular public or private employment.

A TA recipient participating in AWEP/CWEP is considered an employee and functions as any other employee at a work site.  Prior to placement in an AWEP/CWEP position, the recipient is assessed for basic skills and other job related skills.  The “MWA AWEP/CWEP Participant Agreement” is completed outlining the skills to be mastered and the proposed time frame for mastery.

AWEP includes work at employers in the private sector (other than those that provide social services) such as:

CWEP is limited to employers or projects that serve a useful public purpose in fields such as:

AWEP/CWEP is governed by the Fair Labor Standards Act (FLSA).  Only employers subject to the FLSA are allowed to participate as an AWEP/CWEP employer site.  AWEP/CWEP is also subject to FLSA calculation.  The maximum monthly hours the recipient may perform is calculated by the MWA System.  Refer to the Appendix Q for more information regarding the FLSA calculation.  The employee may work flexible hours or make up hours at the discretion of the employer to meet the monthly allowable amount.

AWEP/CWEP is allowed for up to six months, with the possibility of extension for another six months if basic or assessed work skills still need to be mastered.  The Missouri Work Assistance (MWA) case manager, in collaboration with the worksite supervisor, makes the determination to extend the assignment when necessary skills have not been mastered in the first six months.  After skills have been mastered, the Individual Employment Plan (IEP) is modified.  The TA recipient should also update his/her resume to reflect this volunteer experience and their duties during this activity.

0275.040.05 MWA AWEP/CWEP Worksite Agreement

Alternative Work Experience Program (AWEP) / Community Work Experience Program (CWEP) worksites must:

• Meet appropriate health and safety standards;
• Employ at least one other employee;
• Provide daily supervision as any with any other employee; and
• Sign the MWA AWEP/CWEP Worksite Agreement that provides information on the employer responsibilities including monitoring of attendance and performance.

0275.040.10 AWEP/CWEP Participant Agreement

Temporary Assistance (TA) recipients participating in AWEP/CWEP activity:

• Cannot fill existing unfilled position vacancies;
• Cannot receive a salary or any work or training expense provided under any provision of law;
• Are placed in AWEP/CWEP only if they cannot be placed into paid jobs or in addition to a paid job;
• Are not considered federal employees if they perform work in the public interest for a federal office or agency;
• Can never displace current employees;
• Are assessed for basic skills needed;
• Are replaced by other TA recipients when the stated skills are gained; and
• Signs the MWA AWEP/CWEP Participant Agreement which outlines the skills to be mastered and proposed time frame.

An AWEP/CWEP participant is not assigned to a position when:

• Any other TA recipient is on layoff from the same or any substantially equivalent job;
• The employer has terminated the employment of any regular employee, reduced the hours of an employee, or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy with a AWEP/CWEP participant; or
• A strike, lockout, or other bona fide labor dispute creates the employment opportunity

Any TA recipient or other employee who believes that s/he has been adversely affected by the placement of an AWEP/CWEP participant shall be given the opportunity to grieve it through the following process:

• The TA recipient or employee, or an organization that is authorized to represent the TA recipient or employee, shall first attempt to remedy the alleged violation through a meeting with the employer within 30 days of the request of the meeting.
• If the complaint is not resolved, the TA recipient or employee may appeal to the Labor and Industrial Relations Commission.  The Commission shall conduct a hearing and shall render a decision within 45 days of the hearing.
• If the TA recipient or employee is aggrieved by the decision of the commission, he/she may file a petition for review in the circuit court in which he/she resides within 30 days of the date of the decision.

0275.040.15 Participation Activities

The following activities count as participation in the Work Experience Program:

• Assessments to determine if the Temporary Assistance (TA) recipient is able to pursue or obtain a specific employment opportunity including:
  • Assessments performed by MWA case managers to determine past employment, medical and drug history, etc. that may affect the ability to obtain the position.
  • A Division of Vocational Rehabilitation assessment to determine the ability to obtain the position.
  • Employer required tests such as typing, a physical, psychological, aptitude, personality, and drug tests.
• Alternative Work Experience Program (AWEP) (volunteer employment in a private sector setting).
• Community Work Experience (CWEP) (volunteer employment in a public sector setting).

0275.040.20 Documentation Required

The MWA Assessment Verification form documents:

• Assessments to determine if the recipient is able to obtain a specific employment opportunity including:
  • assessments performed by case managers to determine past employment or, medical and drug history, etc. that may affect the ability to obtain the position;
  • Vocational Rehabilitation assessment to determine the ability to obtain the position;  and
  • employer required tests such as typing, a physical, psychological, aptitude, personality, and drug tests.

A countable hour is equal to an hour being assessed.  After documentation is obtained, the hours are entered under the AWEP/CWEP service on the Participation Hours Verification or the Mass Participation Hours Verification screen in the MWA System.  The documentation is placed in the paper file.  Case notes are entered indicating which hour(s) of this activity are assessment hours.

The MWA Attendance Log documents hours of participation at the AWEP/CWEP worksite. A countable hour is equal to an hour of work at the worksite. After documentation is obtained, the hours are entered under the MWA AWEP/CWEP service on Participation Hours Verification or the Mass Participation Hours Verification screen in the MWA System.  The documentation is placed in the paper file.

0275.040.25 Work Participation Hourly Requirements

A single or a two-parent household is only allowed to work up to the monthly hours as calculated by the Fair Labor Standards Act (FLSA) calculation completed in the MWA System.   The MWA System displays this monthly amount of hours as AWEP/CWEP & Comm. Service Max on the IEP screen and the Hours-Verification screen.  This amount is updated based on Family Support Division (FSD) information around the fifth of each month.  Therefore, this amount is checked each month by the Missouri Work Assistance (MWA) case manager and the hours are updated with the Alternative Work Experience Program (AWEP)/ Community Work Experience Program (CWEP) worksite accordingly.

If the FLSA calculation is less than the AWEP/CWEP participant’s normally required core hours, the participant is deemed to have met their core hours once they have worked the total FLSA calculated hours for the month.  If non-core hours are required, these must still be met.  If the AWEP/CWEP “allowable hours” calculation equals more than the required core hours, the participant can work the remaining hours to partially or fully meet the non-core requirement.  The participant is always allowed to work up to the “allowable hours” calculation even if this exceeds his/her normally required core and non-core requirements.

When the required hours are not met through AWEP/CWEP, use other activities as appropriate to supplement.  A Temporary Assistance (TA) recipient cannot be in AWEP/CWEP and Community Service at the same time because of the allowable hours in the calculation and he/she only qualifies for one of the activities at a time depending on the need for “employment skills” or “soft skills”.

Examples:

• John is a single parent with a child under 6.
  • He is required to participate 20 core hours per week and there are 4 federal weeks in this month, which is a total of 80 core hours.
  • The MWA System calculation shows he is allowed to work 68 hours in AWEP/CWEP this month.
  • After he works the 68 hours, he is “deemed” to have met his full participation requirement of 80 hours for the month.
• Jane and Tom make-up a two-parent household with children 6 and over.
  • Together they are required to participate 55 hours per week; 50 of these are core and the remaining 5 are non-core.  There are 4 federal weeks in this month; therefore, they are required to participate a total of 200 core hours and 20 *non-core hours for the month.
  • The FLSA calculation in the MWA System shows they are allowed to work 100 hours in AWEP/CWEP this month.  (These 100 hours can be worked by Jane or Tom in any combination per week.)
  • After they work a combined total of 100 hours, they are “deemed” to have met their full participation requirement for core hours.
  • The 20 hour non-core requirement must also be worked.  (The non-core hours may also be worked by Jane or Tom in any combination per week.)
• Heather is a single parent with a child over 6.
  • She is required to participate 30 hours per week; 20 of these are core, the remaining 10 are non-core.  There are 5 federal weeks in the month; therefore, she is required to work 100 core hours (5 weeks x 20 core hours) and 50 non-core hours (5 weeks x 10 non-core hours).
  • The FLSA calculation in the MWA System shows she is allowed to work 125 hours in AWEP/CWEP this month.
  • Since the calculation of what is allowed is higher than the requirement of 100 hours, after the 100 hours are met for the month, she has met the full participation requirement for core hours.
  • She also has to complete the 50 hour monthly non-core requirement.  In this scenario, she could work the 25 hours in the non-core hours in AWEP/CWEP since this does not exceed the MWA System calculation.  She still needs to complete 25 hours in an activity other than AWEP/CWEP or Community Service.
• Diane and Jim is a two-parent household with children under 6, receiving federally funded childcare.
  • Together they are required to participate 55 hours; 50 of these are core and the remaining 5 are non-core.  There are 4 federal weeks in this month; therefore, he and/or she are required to participate in 200 core and 20 non-core hours.
  • The FLSA calculation in the MWA System shows they are allowed to work 90 hours in AWEP/CWEP this month.
  • Diane is working in AWEP/CWEP and Jim is participating in Vocational Education (not beyond the 12 month limit).
  • Diane will complete the 90 hours in AWEP/CWEP since this is less than the normally required 200 core hours.  She is “deemed” to be meeting full core hour participation.
  • Jim’s Vocational Education hours (which he is participating 10 hours per week) meets the non-core requirement of 20 hours for the month.
• Karen and Dan is a two-parent household with children under 6, not receiving federally funded childcare.
  • One parent is required to participate 35 hours; 30 of these are core and the remaining 5 are non-core.  There are 5 federal weeks in this month; therefore, he or she is required to participate 150 core hours and 25 non-core hours.
  • The FLSA calculation in the MWA System shows he or she is allowed to work 100 hours in AWEP/CWEP this month.
  • After the 100 hours allowed are met for the month they are “deemed” to have met their full participation requirement for core hours.
  • The 25 hour monthly non-core requirement must also be worked.

0275.040.30 Excused Absences/Holidays

Alternative Work Experience Program (AWEP)/Community Work Experience Program (CWEP) allows excused absences and holidays.   Refer to Section 0270.030.00 Excused Absences and Section 0270.035.00 Holidays for more information.

0275.040.35 AWEP/CWEP and Community Service Program Characteristics

The Alternative Work Experience Program (AWEP)/Community Work Experience Program (CWEP) and Community Service Program positions are volunteer activities (not paid).  Since these two Missouri Work Experience (MWA) activities are very similar, below is a listing of the differences:

• AWEP/ CWEP may include employment in the private or public sector; the Community Service Program is employment in the public sector only.
• AWEP/CWEP are generally individual positions; the Community Service Program may be multiple positions at the same employer.
• AWEP/CWEP can be self-initiated; the Community Service Program may not be self-initiated (the TA recipient can ask the volunteer site to allow them to work).
• AWEP/CWEP is used to master very specific skills of that particular business; the Community Service Program is used to obtain soft skills at any employer.

0275.040.40 Employer Relatives

Under certain circumstances, a Temporary Assistance (TA) recipient may be placed into an Alternative Work Experience Program (AWEP)/Community Work Experience Program (CWEP) worksite where the employer is a relative of the TA recipient.

Use the following criteria to determine appropriateness for placement:

• The worksite meets all conditions of AWEP/CWEP as with any other employer;
• Case notes are entered documenting the circumstances leading to using a relative-employer as the worksite; and
• The case manager obtains supervisory approval.

0275.040.45 Supervision

The worksite employer provides daily supervision of the Alternative Work Experience Program (AWEP)/Community Work Experience Program (CWEP) participant as agreed to in the “MWA AWEP & CWEP Worksite Agreement” by offering guidance, daily activity log, and completing the “MWA Attendance Log”, etc.

Guidance and/or daily logs may include:

• comments on the AWEP/CWEP participant’s skill sets gained or upgraded,
• tasks mastered, and
• satisfactory attendance, attitude, etc.

Using available information from the worksite daily activity and/or attendance logs, activity modifications may be arranged by the Missouri Work Assistance (MWA) case manager.

0275.040.50 Worker’s Compensation Requirement

Worker’s Compensation must be provided for volunteers in an Alternative Work Experience Program (AWEP)/Community Work Experience Program (CWEP) activity.  The following rules apply:

• In most cases, the state of Missouri/Family Support Division (FSD) will provide Worker’s Compensation coverage for Temporary Assistance (TA) recipients participating in the AWEP/CWEP activity in any position that is considered “state employment.”  This is based on the self-insured status of most state agencies, allowing the entity that “controls and directs” the volunteer (considered the employee) to be considered the employer.  The person/entity that “controls and directs” is the person/entity who directly oversees the day-to-day tasks of the recipient.  This includes, but is not limited to the worksite supervisor, employment agency,
• It is the responsibility of the Missouri Work Assistance (MWA) service provider/case manager to confirm “self-insured” status of the state agency in which the recipient is placed.
• If a TA recipient is placed in a job that is not covered under the “self-insured”, “state employment”, the MWA service provider is financially responsible for providing Worker’s Compensation if required by the worksite.