808.39 Alternative Work Experience Program (AWEP) (FAM) |
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This core activity:
• is for participants who cannot find unsubsidized employment; and
• assists the participant in acquiring the general skills, training, knowledge, and work traits necessary to obtain employment.
NHEP staff negotiate with the Work Host sites to develop each Alternative Work Experience Program (AWEP) placement. An agreement is reached when it includes:
• the duties and responsibilities to be performed by the AWEP participant;
• the scheduled days and hours of the work placement for both a 4-week and 5-week month;
• that the Work Host site meets all Fair Labor Standards Act (FLSA) requirements, if applicable;
• the reporting and supervision responsibilities of the Work Host site; and
• the skills to be attained by the AWEP participant.
AWEP Activity Requirements
• completion of Form NHEP232, Work Experience Program (WEP) Agreement, between the Work Host site, the AWEP participant, and NHEP specifying the tasks to be performed by the AWEP participant, hours of the work placement for both a 4-week and 5-week month, and the duration of the agreement; and
• an approved Employability Plan (EP) which includes the AWEP placement information.
AWEP Verification Requirements
This activity must be verified and documented no less than once every two weeks. Form NHEP270, Work Experience Program (WEP) Verification Form, or other verifications approved by NHEP, can be used but must be signed by the onsite Work Host supervisor and returned to the NHEP representative. There is no limit to the length of time an AWEP participant may participate in the AWEP activity.
Participant Requirements
AWEP participants are responsible for:
• honoring the provisions of Form NHEP232, Work Experience Program (WEP) Agreement;
• recording and verifying participation;
• submitting attendance information for review by the Work Host site and NHEP representative upon request;
• informing the NHEP representative and the Work Host site in the event of an injury while working in an AWEP work placement; and
• attending a reassessment interview with a NHEP representative prior to the end of an AWEP work placement or placement extension.
Work Host Site Requirements
The Work Host site of an AWEP work placement is responsible for the following:
• honoring the provisions of Form NHEP232, Work Experience Program (WEP) Agreement;
• providing supervision to the participant;
• verifying the AWEP participant’s attendance in the activity by signing a completed Form NHEP270, Work Experience Program (WEP) Verification Form; and
• informing the NHEP representative if an AWEP participant is injured while working in an AWEP work placement.
AWEP Support Services
AWEP participants may be authorized for the following support services for this activity:
• child care assistance; and
• transportation assistance (payment to enrolled public/private carriers, mileage, and auto repair reimbursement).
Termination of an AWEP Placement
An AWEP placement can be terminated prior to the end of the agreement period if the Work Host site or AWEP participant fails or neglects to comply with the requirements of the agreement. Every attempt should be made to resolve the problem. However, if this is not possible, follow the procedures described below:
• The NHEP representative notifies the Work Host site in writing at least 7 calendar days prior to the termination, stating the reason(s) for the termination.
• The Work Host site or the participant then has 7 calendar days to remedy the violation or complaint prior to the agreement termination.
• When the NHEP representative terminates the agreement, they will notify the Work Host site.
AWEP Workplace Protections
Individuals in AWEP work placements have the same workplace protections as all other employees. All individuals participating in AWEP activities or work placements are provided with Form NHEP101, Your Rights in the Workplace. NHEP participants in AWEP work placements are entitled to the protections regarding sexual harassment, a safe work environment and work conditions, non-discrimination, and adequate rest and meal periods.
Limitation of Hours in an AWEP Work Placement Based on Minimum Wage
Individuals have a maximum number of hours that they can be required to participate in an AWEP work placement. The maximum number of hours for each month is determined by:
1. Subtracting all Child Support that is retained by the state from the full monthly benefit allotment received for the current month (including any amounts removed due to BFA applied sanctions).
2. Add the result to the total SNAP allotment received for the current month.
3. Divide the total by the state or federal minimum wage, whichever is higher.
If the resulting number of hours ends in a decimal that is greater than or equal to 0.5, round up to the next whole number. If the resulting number of hours ends in a decimal that is less than 0.5, round down to the next whole number.
FLSA requirements apply to AWEP participants. Count any family that participates for the maximum hours they are allowed under the minimum wage requirement of the FLSA as having satisfied the 20-hour per week core activity requirement if their actual participation falls short of 20 hours per week.
If the rounded number of hours is more than the current minimum participation requirement of 20 or 30 hours, the rounded number of hours is the maximum number of hours per month that can be required of that individual (not to exceed 40 hours per week).
If the rounded number of hours is less than the current participation requirement of 30 hours, require the individual to meet federal minimum participation requirements. The participant can engage in other non-WEP-related NHEP activities in addition to the AWEP activity.
Workers’ Compensation
Workers’ Compensation (WC) coverage is provided to all participants in AWEP who have completed Form NHEP232, Work Experience Program (WEP) Agreement. This coverage applies to injuries sustained while in an AWEP work placement only. Form NHEP102, Notice About Workers’ Compensation Coverage, is provided to participants before beginning their AWEP placement and describes the benefit and reporting requirements.
Work Host sites receive Forms NHEP103, Work Experience Program (WEP) Pamphlet, and Form NHEP104, The Work Experience Program (WEP): Frequently Asked Questions, which describe the benefits and requirements of an AWEP Work Host site.
When an incident occurs, the AWEP participant must contact NHEP immediately. If the individual meets WC coverage criteria, the NHEP representative will provide direction in filing a claim.
References: He-W 637’s; He-W 655’s; RSA 167:82-a; RSA 167:85; RSA 167:86; RSA 167:91-b; 45 CFR 261.2(e)
Editorial Revisions Made: 12/2023