2.10.6  Time Limit Extensions

2.10.6.1 24-Month Time Limit Extension Criteria
2.10.6.2 State 48-Month Time Limit Extension Criteria
2.10.6.3 Local Labor Market Conditions Criteria
2.10.6.4 Time Limit Extension Decision Process
    2.10.6.4.1 Processing Initial Time Limit Extensions
    2.10.6.4.2 Processing Subsequent Time Limit Extensions
    2.10.6.4.3 Reaching 24-month and 48-month Time Limits Concurrently
2.10.6.5 Time Limit Extension Decisions and Assessment
    2.10.6.5.1 CMD Placements

    2.10.6.5.2 Case Management Practices and Time Limit Extension Approvals

There may be opportunities for time limit extensions of the 24-month placement time limits and 48-month state lifetime limits for TEMPTrial Employment Match Program, CSJCommunity Service Job, W-2 TW-2 Transition, and CMCCustodial Parent of an Infant participants. The W-2Wisconsin Works agencies must work intensively with participants prior to and during time limit extension periods to help the participant overcome barriers or challenges.

For information on time limit extensions for CMC participants, see 2.10.8.2.

For the purposes of this section:

"Reasonable unsubsidized employment opportunity" means a job the participant could get that pays at least minimum wage, and conforms to all applicable federal and state laws. 

Making “all appropriate efforts to find unsubsidized employment” means that the participant has participated in all assigned activities.

2.10.6.1 24-Month Time Limit Extension Criteria

All time limit extension decisions must be made on a case-by-case basis.  In determining whether to extend the 24-month placement time limit, the W-2 agency must determine whether the participant meets the appropriate 24-month placement time limit extension criteria:

TEMP participants:  A TEMP participant may be granted a 24-month placement time limit extension if he or she:

·        Has made all appropriate efforts to find unsubsidized employment; and

·        Has been unable to do so because the local labor market conditions preclude a reasonable unsubsidized employment opportunity for that participant.

Note:  Since subsidized employment positions in TEMP specifically target high quality, high wage opportunities, the likelihood of extending a TEMP placement should be extremely rare.

CSJ participants:  A CSJ participant may be granted a 24-month placement time limit extension if he or she:

·        Has made all appropriate efforts to find unsubsidized employment; and

·        Has been unable to do so because the local labor market conditions preclude a reasonable unsubsidized employment opportunity for that participant and, for the same reason, there are no TEMP opportunities available.

See 2.10.6.3 for documentation required to approve a 24-month placement time limit extension for local labor market conditions.

W-2 T participants:  A W-2 T participant may be granted a 24-month placement time limit extension if he or she:

·        Has made all appropriate efforts to find unsubsidized employment; and

·        Significant barriers prevent advancement to a higher W-2 employment position or unsubsidized employment. 

To be considered for a 24-month placement time limit extension, the W-2 T participant must have completed a valid formal assessment. (See 5.5 for more information on valid formal assessments.)

2.10.6.2 State 48-Month Time Limit Extension Criteria

All time limit extension decisions must be made on a case-by-case basis. In determining whether to extend the 48-month state lifetime limit, the W-2 agency must determine whether the participant meets at least one of the following 48-month state lifetime limit extension criteria:

1.             The participant has made all appropriate efforts to find unsubsidized employment and has been unable to do so because the local labor market conditions preclude a reasonable unsubsidized employment opportunity for that participant. In order to approve a time limit extension based on local labor market conditions, the agency must demonstrate or document any one of the following circumstances:

a.             The inability of W-2 participants with similar skills or engaged in job searches in similar geographic and occupational areas, to find unsubsidized jobs.

b.             The unavailability of jobs in labor market sectors that match the individual’s skills, as supported by specific examples of layoffs in these labor market sectors or by labor market data published by the Department of Workforce Development or the United States Department of Labor.

c.              The unavailability of jobs in the labor market within a reasonable distance and travel time of the individual’s home, as supported by specific examples of layoffs in this labor market or by labor market data published by the Department of Workforce Development or the United States Bureau of Labor Statistics.

2.             The participant is unable to work because of a personal disability or incapacitation.

Examples include: physical, mental health, and cognitive limitations, learning disabilities, domestic abuse, and substance abuse.

3.             The participant is unable to work because of a need to remain at home to care for a member of the W-2 Group An adult custodial parent, all dependent children with respect to whom the individual is a legal custodial parent and all minor children with respect to whom the adult individual’s dependent child is a custodial parent. W-2 Group includes any non-marital co-parent or any spouse of the individual who resides in the same household as the individual and any minor children with respect to whom the spouse or non-marital co-parent is a custodial parent. W-2 Group does not include any person who is receiving cash benefits under a county relief block grant program. This is also referred to as the W-2 Assistance Group (W-2 AG) whose incapacity is so severe that without in-home care provided by the W-2 participant, the health and well-being of the W-2 group member would be significantly affected.

4.             The participant has significant limitations to employment such as low achievement ability, learning disability, or emotional problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment, but are not sufficient to meet SSDISocial Security Disability Insurance or SSISupplemental Security Income requirements.

5.             The participant has significant limitations to employment such as family problems that affect one of the members of the W-2 Group.

Examples include: legal problems, family crises, homelessness, or children's school or medical activities.

6.             The individual is unable to work to due to current participation in a substance abuse treatment program certified to provide treatment for substance abuse under ss. DHS 75.10 to 75.15 or psychosocial rehabilitation services as approved by the department.

7.             The individual’s W-2 group includes a member who has been battered or subjected to extreme cruelty based on the fact that the member has been subjected to any of the following:

• Physical acts that resulted in, or threatened to result in, physical injury to the individual.

• Sexual abuse.

• Sexual activity involving a dependent child.

• Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or as activities.

• Threats of, or attempts at, physical or sexual abuse.

• Mental abuse.

• Neglect or deprivation medical.

See 2.10.6.3 for documentation required to approve a 48-month state lifetime limit extension for criteria 1. A valid formal assessment must have been completed to approve a 48-month state lifetime limit extension for criteria 2, 3, and 4 above. In order to approve a 48-month state lifetime limit extension for criteria 5, the agency must have valid documentation.

Valid documentation for criteria 5 must reflect current circumstances. This includes:

·        Court, medical, criminal, child protective services, social services, psychological, school social worker, school guidance counselor or law enforcement records regarding legal problems, family crisis, homelessness, children’s school or medical activities, or domestic abuse or physical or emotional harm to the parent or child;

·        Voluntary disclosure or identification by the Domestic Abuse Screen that the applicant or participant or group member has been a victim of domestic abuse or is at further risk of domestic abuse;

·        Written and signed statements from others with knowledge of the circumstances on which the family problems hardship claim is based, including, but not limited to, statements from public or private social services agencies providing services to the W-2 group, school counselors, domestic violence or homeless shelter service providers, attorneys, etc.;

·        Written statement by the applicant or participant; or

·        Any other supporting or corroborative documentation, including formal assessments. (See 5.5 for more information on valid formal assessments.)

If the individual does not have a verified barrier, limitation, or family problem as required above or is not participating in all assigned activities, the FEPFinancial and Employment Planner may deny a 48-month state lifetime limit extension.

2.10.6.3 Local Labor Market Conditions Criteria

A W-2 agency may provide a 24-month placement time limit extension or a 48-month state lifetime limit extension on a case-by-case basis if that agency determines that a participant’s appropriate efforts to find unsubsidized employment have been unsuccessful because local labor market conditions preclude such employment for that participant.

Local Labor Market Time Limit Extension Approvals

In order to approve a time limit extension based on local labor market conditions, the agency must demonstrate or document any one of the following circumstances:

·        As supported by specific examples, the inability of other W-2 participants with similar skills, or engaged in job searches in similar geographic and occupational areas, to find unsubsidized jobs;

·        As supported by published labor market data or by specific examples of closures or cutbacks, a local downturn or continuing unavailability of jobs in the labor market sectors matching participant skills; or

·        As supported by published labor market data or by specific examples of closures or cutbacks, a local downturn or continuing unavailability of jobs in the labor market within reasonable participant travel time (no more than 60 minutes travel time one-way, using available transportation, from the participant’s home to the employer, including travel time related to any necessary child care).

This documentation may include case histories of other comparable participants (with any personally identifiable information removed), press coverage regarding the local job market or local business conditions, agency correspondence with historical or potential placement sites, current labor market data obtained from public or private sources, or products of current locally relevant labor market studies or research.

If the agency approves an extension based on local labor market conditions, FEPs should conduct assessments, including Career Assessment A broad spectrum of assessment tools that W-2 agencies, applicants, and participants use to obtain greater awareness about how an individual’s work styles, skills, and interests can be used to define a career path, assign meaningful activities, highlight strengths, identify training needs, and match the individual to employment opportunitiess, with the participant and create an EPEmployability Plan with assigned activities that focuses on training to build skills demanded by the local labor market.

2.10.6.4 Time Limit Extension Decision Process

W-2 agencies have decision-making authority for all time limit extension approvals and denials.

2.10.6.4.1 Processing Initial Time Limit Extensions

A discussion between the FEP and the participant regarding a time limit extension must take place no later than the month WWP displays 18 for the 24-month placement time limit and the month WWP displays 42 for the 48-month state lifetime limit. If a person applies for W-2 with more than 18 months on a 24-month placement time limit or 42 months on the 48-month state lifetime limit, the discussion must take place at application. When determining eligibility for an initial time limit extension, the FEP must complete the W-2 Agency Time Limit Extension Approval Record (5214) or the W-2 Agency Time Limit Extension Denial Record (5215) form that corresponds with the decision. One copy of the form must be scanned into ECFElectronic Case File and one copy given to the participant.

The FEP must enter the time limit extension decision in the Time Limit Tracking module no later than the end of the month WWP displays 20 for the 24-month placement time limit and the end of the month WWP displays 44 for the 48-month state lifetime limit, unless the application is received after WWP displays 20 or 44 months used, respectively. A time limit extension may be granted for 6 months from the first day following the participant’s 24th month and 6 months from the first day following the participant's 48th month.

For those participants who have been denied or who have declined a time limit extension, the FEP must continue to work with the participant in the period of time before his or her W-2 case closes to determine if circumstances have changed that would result in the need for a time limit extension.

2.10.6.4.2 Processing Subsequent Time Limit Extensions

After an initial 24-month placement time limit or 48-month state lifetime limit extension approval is granted, the W-2 agency can determine that a subsequent time limit extension period is necessary. There is no limit to the number of subsequent time limit extensions a participant may receive. A discussion regarding subsequent extensions must occur no later than the third month of the extension. When determining eligibility for a subsequent time limit extension, the FEP must complete the W-2 Agency Time Limit Extension Approval Record (5214) or the W-2 Agency Time Limit Extension Denial Record (5215) form that corresponds with the decision. One copy of the form must be scanned into ECF and one copy given to the participant. The subsequent time limit extension decision must also be entered in the Time Limit Tracking application no later than the month prior to the current time limit extension end month.

If the agency approves a subsequent extension, activity assignment should reflect assessment results, local labor market information, and anticipated time to work readiness or referral to other programs.

2.10.6.4.3 Reaching 24-month and 48-month Time Limits Concurrently

If a participant is going to reach their 24th month in a TEMP, CSJ, or W-2 T, or the end of a 24-month placement time limit extension, 6 months prior to reaching the 48-month state lifetime limit, the FEP must determine eligibility for a 48-month state lifetime limit extension rather than a 24-month placement time limit extension. The FEP must then enter the 48-month state lifetime limit extension information into the Time Limit Tracking application prior to the end of the participant’s 24th month or the end of a 24-month placement time limit extension. 

2.10.6.5 Time Limit Extension Decisions and Assessment

The FEP must complete and submit the WWPWisconsin Work Programs Informal Assessment Driver Flow if an initial 24-month placement time limit or 48-month state lifetime limit extension is going to be denied and the WWP Informal Assessment Driver flow has not been completed within 12 calendar months prior to the participant’s 24th or 48th month. The FEP cannot deny a time limit extension until the WWP Informal Assessment Driver Flow is completed and submitted.

If the WWP Informal Assessment indicates the need for a formal assessment, a time limit extension cannot be denied until the formal assessment is complete.

2.10.6.5.1 CMD Placements

When a participant is denied a time limit extension or the participant declines a time limit extension for either the 24-month placement time limit or 48-month state lifetime limit, the FEP must offer the CMDCase Management Denied placement. The CMD placement is a case management placement for individuals who have reached their time limit and are no longer eligible for a paid placement.

The goals of the CMD placement are to:

·        Help connect the individual to employment;

·        Connect the individual and family to services in the community; and

·        Reassess on a monthly basis whether the individual should receive a time limit extension.

To be eligible for the CMD placement, the participant must meet W-2 financial and nonfinancial eligibility criteria, with the exception of exceeding the 24-month placement time limit or 48-month state lifetime limit.

Services provided to a CMD participant will depend largely upon the reason for the time limit extension denial or the reason the participant declined a time limit extension and the placement the individual was in at the time of the denial or the time the participant declined a time limit extension. Participants who were denied a time limit extension due to nonparticipation would likely be reassessed to determine activity assignments that best match the participant's needs and encourage increased participation, which may be similar to what was assigned while in the W-2 employment position placement.

FEPs must meet with CMD participants weekly. Every 30 days, the FEP must review the CMD placement in a meeting with the participant (see 1.4.2.4). At this meeting, the FEP must reassess the case. If the individual has consistently participated, the FEP must reassess whether barriers to employment exist. The FEP must also reconsider whether the individual is appropriate for a time limit extension.

The FEP must thoroughly document in PIN comments the details of the weekly meetings and the reassessment process as well as the reason(s) the participant is going to remain in the CMD placement, if that is the FEP’s decision.

2.10.6.5.2 Case Management Practices and Time Limit Extension Approvals

When a participant is approved for a 24-month placement time limit or 48-month state lifetime limit extension, the FEP must continue to review the participant’s goals as part of ongoing case management and reinforce the necessity of meeting employment goals within the time limits of the W-2 program. This includes:

·        Reviewing the EP with the participant frequently to ensure activities are meaningful to the participant’s goals and the participant is making progress in assigned activities;

·        Reviewing relevant labor market data to confirm that employment goals are in line with the job opportunities available in the local labor market;

·        Continuing to conduct informal assessment to determine whether potential barriers to employment exist and referring to formal assessment as appropriate (see 5.2.1);

·        Reviewing whether the participant needs accommodations and has the tools and resources needed to complete activities (see 1.3.1.2); and

·        Reviewing the Supportive Service Plan to ensure the participant has access to other benefits and services that will support them as they work towards their employment goals and also provide a plan for addressing needs following program exit (see 7.6.2).

History: Release 22-05; Release 21-09; Release 20-03; Release 19-02; Release 17-02; Release 11-06.