Applicants or recipients who voluntarily quit employment or
reduce work hours are ineligible to participate in the supplemental nutrition
assistance program (SNAP) subject to the requirements of this rule.
(A) What is considered a voluntary job quit
or reduction of work?
(1) A voluntary job quit
is a situation in which an individual who is required to register for work, as
set forth
described in rule
5101:4-3-11
of the Administrative Code, has voluntarily quit a job of thirty hours or more
a week without a good cause; or when an employee of the federal, state or local
government participates in a strike against such government, and is dismissed
from his or her job because of participation in the strike.
(2) A reduction of work is a situation in
which an individual who is required to register for work, as
set forth
described in rule
5101:4-3-11
of the Administrative Code, has voluntarily reduced their work hours less than
thirty hours a week or to a level that results in earning less than the federal
minimum wage times thirty hours a week without good cause.
(B) What situations are not considered a
voluntary job quit or reduction of work?
Any individual required to register for work that has:
(1) Any reduction in hours mandated by the
employer;
(2) Decided to terminate
self-employment;
(3) Resigned from
employment at the demand of the employer for any reason; or
(4) Quit a job and secured comparable
employment. "Comparable" is not strictly defined. County agencies shall not
declare a new job incomparable simply because the number of hours or the salary
is lower than the job that was quit.
(C) How does the county agency verify a
voluntary quit or reduction of work hours?
(1)
When the information given by the applicant or recipient is questionable, the
county agency shall request verification as defined in rule
5101:4-2-09
of the Administrative Code.
(2) The
assistance group has the primary responsibility for providing verification, but
when the assistance group reports difficulty obtaining the verification in a
timely manner, the county agency shall provide assistance in obtaining the
verification.
(3) When the
assistance group and county agency are unable to obtain requested verification
because the quit or work effort reduction resulted from circumstances that are
unverifiable for good reasons, the individual shall not be denied under the
voluntary job quit or reduction of work effort provisions. Benefits shall not
be delayed beyond the normal processing time limits specified in paragraph (J)
of rule
5101:4-2-01
of the Administrative Code.
(D) How is good cause established?
Good cause is defined in paragraphs (C) and (D) of rule
5101:4-3-11.1 of the Administrative Code. In determining when good cause exists
the county agency shall also determine if the employment was unsuitable as
described in paragraph (E) of rule 5101:4-3-11.1 of the Administrative Code or
if there was a domestic violence issue as established in paragraph (F) of rule
5101:4-3-11.1 of the Administrative Code. The county agency must take into
account the facts and circumstances including information submitted by the
employer, the assistance group, and or a collateral contact. When good cause is
determined, the county agency shall excuse the job quit or reduction in hours
and a sanction shall not be imposed.
(E) What happens when the county agency
determines a voluntary job quit or reduction of hours has occurred without good
cause?
(1) When an applicant has a voluntary
job quit or reduction of work hours within sixty days of applying for
assistance and without good cause they shall be found ineligible for assistance
for the period outlined in paragraph (A) of rule 5101:4-3-11.2 of the
Administrative Code.
(2) When a
recipient of SNAP has a voluntary job quit or reduction of work hours without
good cause they shall be placed on a sanction. The sanctions outlined in
paragraph (A) of rule 5101:4-3-11.2 of the Administrative Code shall apply and
the recipient shall be notified in accordance with paragraph (B) of rule
5101:4-3-11.2 of the Administrative Code.
(F) How is eligibility reestablished?
Eligibility may be reestablished during a disqualification
period and the individual shall, if otherwise eligible, be permitted to resume
participation without signing a JFS 03804 "Ohio Works First/Supplemental
Nutrition Assistance Program Sanction Compliance Agreement"
( rev 11/2016) when:
(1) The individual secures new employment
which
that is
comparable in salary or hours to the job that was quit. Comparable employment
may result in fewer hours or a lower net salary than the job that was
quit;
(2) The individual may
increase his or her work effort to thirty or more hours per week or earn an
amount equal to the federal minimum wage times thirty hours per week;
or
(3) The individual becomes
exempt from the work registration requirements in paragraph (B) of rule
5101:4-3-11
of the Administrative Code.
(G) What occurs after the minimum sanction
period is served
if
when the sanctioned individual has not found new
employment or increased hours of employment ?
(1) After the minimum sanction
period has been served, the individual may begin participation in the SNAP
program if the individual is complying with the requirements of rule
5101:4-3-11.1 of the Administrative Code and is otherwise determined
eligible.
(2) The individual may reestablish
eligibility at any time during the minimum sanction period by meeting an
exemption from work registration in accordance with rule
5101:4-3-11
of the Administrative Code.
After the minimum sanction period has
been served, the individual may begin participation in the SNAP program when
the individual is complying with the requirements of rule 5101:4-3-11.1 of the
Administrative Code and is otherwise determined eligible.
Notes
Ohio Admin. Code
5101:4-3-19
Effective:
8/1/2022
Five Year Review (FYR) Dates:
5/2/2022 and
08/01/2027
Promulgated
Under:
119.03
Statutory Authority:
5101.54
Rule Amplifies:
329.04,
329.042,
5101.54
Prior Effective Dates: 06/02/1980, 04/01/1981, 06/18/1981,
01/22/1982, 12/31/1984 (Emer.), 02/01/1985 (Emer.), 04/01/1985, 08/16/1985
(Emer.), 11/01/1985 (Emer.), 01/01/1986, 01/02/1986 (Emer.), 04/01/1986,
07/01/1987 (Emer.), 09/28/1987, 01/13/1988 (Emer.), 03/24/1988, 01/01/1989
(Emer.), 03/18/1989, 10/01/1990, 07/01/1992, 02/01/1997 (Emer.), 04/13/1997,
10/01/1997 (Emer.), 12/01/1997 (Emer.), 01/01/1998, 11/01/1998, 01/09/2003,
12/06/2004, 12/31/2006, 02/01/2012,
07/01/2017