823 GOOD CAUSE FOR FAILURE TO PARTICIPATE SR 97-19, 06/97 (FSM-A)

Unless they can show good cause, individuals are disqualified from benefits when they fail to meet work requirements. The Division of Family Assistance (DFA) Supervisor makes decisions regarding good cause. Individuals who do not agree with the DFA Supervisor’s decision may request a fair hearing.

The following are good cause reasons:

• Illness of the individual;

• Illness of a household member serious enough to require the presence of the individual;

• Family emergency;

• Unavailability of transportation;*

• The individual is required to travel an unreasonable distance from home or to remain away from home overnight. Unreasonable distance is defined as more than 2 hours round-trip not including travel time for child care;

• The employment is unsuitable according to any one of the following conditions:

- The wage offered is either less than the federal minimum wage, less than the training wage (if the individual is subject to the training wage), or less than 80% of the federal minimum wage if the federal minimum wage and the training wage are not applicable.

- The employment is on a piece-rate basis and the average hourly earnings the employee can reasonably expect are less than the federal minimum or training wage.

- The individual is required to join, resign from, or refrain from joining any legitimate labor organization.

- The work offered is at a site subject to a strike or lockout at the time of the offer, unless the strike has been enjoined under Section 208 of the Labor-Management Relations Act (Taft-Hartley), or an injunction has been issued under Section 10 of the Railway Labor Act.

- The risk to health and safety is unreasonable.

- It is verified that the individual is physically or mentally unfit to perform the employment.

- The employment interferes with the individual’s religious beliefs, such as requiring a Sabbatarian to work Sunday.

• The individual experiences circumstances beyond their control.

Examples

- Breakdown of transportation or child care arrangement.

- Required court appearance or other mandated appointment, including incarceration.