10 CCR 2506-1-4.308 - VOLUNTARY QUIT
A. No individual
who quit his or her most recent job without good cause or reduces work effort
and, after the reduction, is working less than thirty (30) hours each week,
without good cause, or earning less than the federal minimum wage multiplied by
thirty (30) hours, shall be eligible for participation in SNAP. At the time of
application, the eligibility technician shall explain to the applicant the
potential penalties if a household member quits his or her job or reduced hours
or wages without good cause or if another member joins the household if that
individual has voluntarily quit employment.
B. When a household files an application, or
when a participating household reports the loss of a source of income or
reduction in hours, the local office shall determine whether any household
member voluntarily quit or reduced his or her hours or income. Benefits shall
not be delayed pending the outcome of this determination. A sanction shall be
imposed if the quit or reduction in hours or wages occurred within sixty (60)
calendar days prior to the date of application or anytime thereafter, and the
quit or reduction was without good cause. An employee of the federal
government, or of a state or local government who participates in a strike
against such government and is dismissed from his or her job because of
participation in the strike, shall be considered to have voluntarily quit his
or her job without good cause. If an individual quits a job, secures new
employment at comparable wages or hours, and, through no fault of his or her
own loses the new job, the earlier quit shall not be a basis for
disqualification.
C. In the case of
an applicant household, the local office shall determine whether any currently
unemployed household member who is required to register for work or was exempt
from registration for being employed has voluntarily quit his or her most
recent job within the last sixty (60) days. If the local office learns that a
household has lost a source of income after the date of application but before
the household is certified, the local office shall determine whether a
voluntary quit occurred.
The nonexempt individual who quit or reduced work hours will be ineligible to participate for the sanction period if the household is determined eligible for SNAP. The individual will be required to comply with EF following the sanction period unless the individual becomes exempt from work requirements.
D. In the case
of the participating household, the local office shall determine whether any
household member voluntarily quit his or her job while participating in the
Program. If a household is already participating when a quit that occurred
prior to certification is discovered, the household shall be regarded as a
participating household.
E. Upon a
determination that the individual voluntarily quit employment, reduced work
hours below thirty (30) hours, or reduced wages to the point at which the
person is earning less than the federal minimum wage multiplied by thirty (30)
hours, the local office shall determine if the voluntary quit was with good
cause.
If an individual voluntarily quits or reduces work hours/wages without good cause, the individual will be disqualified in the same manner as individuals failing to comply with work registration or EF requirements.
F. If the
local office determines that the individual voluntarily quit his or her job or
reduced his or her work hours without good cause while participating in SNAP,
the local office shall provide the household with a Notice of Adverse Action
within ten (10) calendar days after the determination of a voluntary quit is
made. The notice shall contain the act of noncompliance, the proposed period of
disqualification, the action to be taken at the end of the disqualification and
shall specify that the individual may be included in the household after the
disqualification period if the individual meets other work
requirements.
G. Individuals have
the right to a fair hearing to appeal a disqualification due to a determination
that the individual quit his or her job without good cause or reduced his or
her work hours without good cause. If a participating household requests a fair
hearing and the local office determination is upheld, the disqualification
period shall begin the first of the month after the hearing decision is
rendered.
4.308.1
Good Cause
for Quitting or Reducing Work Hours
Upon a determination that the individual voluntarily quit employment, the local office shall determine if there was good cause which shall include, but not be limited to, any of the following:
A. Discrimination by an employer based on
age, race, sex, color, handicap, religious beliefs, national origin, or
political beliefs;
B. Work demands
or conditions that render continued employment unreasonable such as working
without being paid on schedule;
C.
Acceptance by the individual of employment; or enrollment of at least half-time
in any recognized school, training program, or institution of higher education,
that requires the individual to leave employment;
D. Acceptance by any other household member
of employment or enrollment at least half-time in any recognized school,
training program, or institution of higher education in another county or
political sub-division which requires the household to move and thereby
requires the individual to leave employment;
E. Resignations by persons under the age of
sixty (60) that are recognized by the employer as retirement;
F. Resignation from employment that does not
meet suitable criteria specified in Section 4.310.7;
G. Because of circumstances beyond the
control of the individual, accepted full time employment subsequently either
does not materialize or results in employment of less than thirty (30) hours a
week or weekly earnings of less than the federal minimum wage multiplied by
thirty (30) hours;
H. Leaving a job
in connection with patterns of employment in which workers frequently move from
one employer to another, such as migrant farm labor or construction work, even
though employment at the new site has not actually begun;
I. Illness of the head of
household;
J. Illness of another
household member requiring the presence of the head of household;
K. A household emergency;
L. The unavailability of transportation;
or,
M. Employer demands a reduction
in participant's work effort or salary through no fault of the
employee.
N. Lack of adequate child
care for children who have reached age 6 but are under age
12.
Notes
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