(1) Any member of
an AU with a work and/or educational activities requirement, including either
parent in a two-parent AU, shall not voluntarily quit employment, without good
cause, within the two (2) months prior to the month of application, during the
month of application, or during the application processing period for Families
First/TANF cash assistance.
(a) If any member
of an AU with a work activities requirement voluntarily quits employment as set
forth in this section, the application will be pended.
(b) An AU is eligible for Families First/TANF
cash assistance after a voluntary quit prior to or during the application
processing period when:
1. The Families
First/TANF applicant meets all eligibility criteria; and
2. The Families First/TANF applicant complies
with required work and/or educational activities for ten (10) consecutive
business days after application.
(2) If, during receipt of Families First/TANF
cash assistance, any member of an AU with a work activities requirement,
including either parent In a two-parent AU, voluntarily quits employment
without good cause, the individual and/or AU shall receive a sanction as set
forth in Rule
1240-01-49-.04.
(3) Good cause to avoid a voluntary quit
sanction includes, but is not limited to:
(a)
Complications of pregnancy which render the mother incapacitated, as certified
by a physician;
(b) The individual
was required to return to work prior to the end of sixteen (16) weeks of leave
following the birth of a child;
(c)
Existing child care became unavailable and substitute child care could not be
arranged, for reasons beyond the caretaker's control;
(d) Transportation was unavailable and the
employee submits evidence that substitute transportation could not be
arranged;
(e) The employee was
needed in the home to care for an ill or disabled family member;
(f) The employer refused to allow time off
for the employee to attend to a temporary family emergency;
(g) The job paid less than minimum wage based
on the number of hours actually worked;
(h) There was discrimination by the employer
based on age, race, sex, color, handicaps, religious beliefs, national origins,
or political beliefs;
(i) Work
demands or conditions rendered continued employment unreasonable;
(j) The employee accepted other employment
with at least comparable gross wages;
(k) The employee left a job in connection
with patterns of employment in which workers frequently move from one employer
to another;
(I) The employer failed
to provide reasonable accommodations for the employee pursuant to the Americans
with Disabilities Act; or
(m) The
employer violated any federal, state, or local employment law in the employer's
treatment of the employee.
Notes
Tenn. Comp. R. & Regs. 1240-01-49-.06
Original
rule filed December 2, 1996; effective February 15, 1997. Amendment filed July
5, 2002; effective September 18, 2002. Amendment filed December 13, 2002;
effective February 26, 2003. Public necessity rule filed July 2, 2007; expired
December 14, 2007. Amendment filed October 1, 2007; effective December 15,
2007. Repeal and new rule filed April 2, 2014; effective
7/1/2014.
Authority: T.C.A. §§
4-5-201 et seq., 4-5-202,
71-1-105(12), 4-5-209, 71-3-101 through 71-3-115, 71-3-104(a), (d), (g) and
(h), 71-1-105, 71-3-107(c)(1) and (f), and 71-3-108(d)(2)(D), 42 U.S.C.
§§ 601 et seq., 42 U.S.C. § 602, (c), (d), 42 U.S.C. § 607
and(e), 42 U.S.C. § 608, 42 U.S.C. § 608(b)(3), 42 U.S.C. § 609,
42 U.S.C.A. § 1315; Federal Waiver of July 26, 1996, 42 USC §1315(a),
Acts of 1996, Chapter 950, and § 1115 of the Social Security Act, 45
C.F.R. § 261.2, 45 C.F.R. § 261.10, 45 C.F.R. § 261.14, 45
C.F.R. § 261.30, 45 C.F.R. § 261.31, and 45 C.F.R. § 261.32;
Deficit Reduction Act 2005 (
Pub. L.
109-171
§§ 7101 and 7102, February 8,
2006); 71 Federal Register 37454 (June 29, 2006); and Public Acts of 2007,
Chapter 31.
