NINETEEN TRIBAL NATIONS WORKFORCE INVESTMENT BOARD Workforce Investment Act

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1 NINETEEN TRIBAL NATIONS WORKFORCE INVESTMENT BOARD Workforce Investment Act Workforce Date: May 29,2014 To: NTN Directors NTN MIS Task Force Members NTNWIB NTN Performance Consultant NTN Dislocated Worker Program Manager NTN Dislocated Worker Program Coordinator From: Ronnie D. Trusley ~ c;j;. 9;uvs1,e4f NTNWIB Executive Director Subject: Work Experience Policy and Procedures NTN_POL_002_Change 2 It appears the NTN_POL_002_Change 1 distributed March 19,2014 either had duplicate or missing pages. The policy has been modified to add "Dislocated categories. Worker" as one of the Stipend/Payroll Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals TTY: 711 with disabilities

2 NINETEEN TRIBAL NATIONS WORKFORCE INVESTMENT BOARD (NTNWIB) Work Experience Policy and Procedures Background: To improve WIA Title IB performance, the NTNWIB conducted extensive reviews of its' WIA data, program operations and program design of its' thirteen member tribal administrative entities. The lack of written guidelines for the Work Experience component was identified as a weakness that was negatively impacting the NTNWIB's ability to meet federally mandated performance measures as well as the best use of WIA IB funds. Reviews indicated that participating in work experience often failed to provide adequate training or employment opportunities for the participant to gain unsubsidized employment and cannot provide credentials. This policy is intended to improve consistency of program operations and performance attainments throughout the NTNWIA. Definition: Final WIA Regulations (b) state "work experience is a planned, structured learning experience that takes place in a workplace for a limited period of time. Work experience may be paid or unpaid, as appropriate. A work experience workplace may be in the private for profit sector, the non-profit sector, or the public sector. Labor standards apply in any work experience where an employee/employer relationship, as defined by the Fair Labor Standards Act, exists." The intent of the Work Experience Program component is to assist individuals who have never worked, or who have been out of the workforce for an extended period of time, to acclimate them into the world of work. It is not intended to provide "free labor" to worksites. Policy and Procedures: Work experience is to be used for: 1. Instruction or upgrade in employability or workplace skills 2. exposure to various aspects of an industry to determine if participant would be successful in training for a particular job, or 3. integration of basic academic skills into work activities A worksite agreement must be in place for each participant to outline the following: 1. start and end dates 2. training to be provided to the participant while at the worksite 3. wage or training stipend to be paid to the participant (must be at least the Federal minimum wage rate, or the State minimum wage rate - whichever is higher) 4. total cost authorized for the worksite agreement 5. participant must be seeking employment

3 Priority may be given to provide work experience to participants who: 1. completed a training activity 2. received a credential, and 3. need practical experience in their field of training before entering unsubsidized employment Work experience is limited to three (3) months or 480 hours in duration. A one-time extension, up to an additional three (3) months or 480 hours may be approved only by the WIA Director/Manager. The extension may be for a shorter length of time, but it cannot exceed three (3) months or 480 hours. Supporting documentation to justify an extension (e.g., written request from the worksite supervisor stating the participant needs additional training) must be submitted and included in the participant's file. The adjusted end date and total cost must be included in the worksite agreement. When an extension is approved, the participant's file must be updated, and appropriate entries must be made in the data reporting system (currently AJC).

4 NINETEEN TRIBAL NATIONS WORKFORCE INVESTMENT BOARD (NTNWIB) Work Experience Worksite Agreement STIPEND/PAYROLL (mark one category be/ow) Adult Summer Youth Dislocated Worker In-School Youth Out-of-School Youth Other This worksite agreement is between _ Tribe (hereinafter referred to as WIA), and _ (hereinafter referred to as the Worksite) and shall outline the responsibilities of both parties to (hereinafter referred to as Participant). This agreement shall be in effect from (date) until (date), unless otherwise terminated by either party to this agreement. A Skill Attainment from WIA (if applicable) is attached and has been reviewed with the Worksite Supervisor and the Participant. I. Supervision and Training The Worksite will provide training and/or work experience to the Participant in accordance with the Training Plan developed by WIA, the Worksite, and the Participant. The Worksite will provide adequate supervision and feedback to the Participant, as well as the tools necessary for the Participant to successfully complete the training program under safe and sanitary conditions. If there is a change in supervision, the Worksite must notify the WIA Office immediately. Supervisor: (Name) (Title) WIA Case Manager: (Phone Number) (Name) (Title) (Phone Number)

5 II. Training Complete Job Description Skills to be learned % of training time III. Worksite Agreement Cost The total cost authorized for this Worksite Agreement is _ $

6 IV. Payroll The payroll operates on a basis. The Participant will be paid per _ Hours of participation will not exceed 40 hours in a week. Completed time sheets, or other appropriate documentation, will be delivered by the Worksite Supervisor to the WIA Program Case Manager, or will be picked up by the WIA Program Case Manager, on the last working day of each pay period. The Participant, in cooperation with his/her supervisor, must complete and calculate their time sheets, which will be reviewed by the WIA Case Manager. It is the Participant's and Supervisor's responsibility to ensure time sheets are submitted timely. Late time sheets may result in forfeiture of payment until the following scheduled payroll. Both the Participant and the Supervisor must always sign the time sheets in blue or black ink. Errors must be corrected immediately upon detection. Any/all corrections must be made by simply striking through the error with one line and initialed by the person making the correction. No time sheet will be accepted with white-out on it. V. Disciplinary Action Disciplinary action will be taken against the Participant in cases where the Worksite Supervisor and/or the WIA Case Manager decide the Participant's actions are not in the best interests of the WIA Program and/or the Worksite. Disciplinary action may be taken in the following forms: A. Waming In this conference, the Supervisor shall discuss clearly and frankly with the Participant the reason(s) necessitating the waming. The Supervisor, as part of the conference, should offer the Participant specific suggestions within a corrective action plan for implementation by the Participant. The Supervisor will document the conference, including the corrective action plan, and provide a copy to the Participant. The WIA Case Manager should be contacted immediately and can be present for the waming conference. The presence of the WIA Case Manager at the waming conference is left to the discretion of the Supervisor, but may be helpful in problem resolution. B. Termination Prior to any termination action, the WIA Case Manager must be notified, and all other options, other than termination, must be explored. In such cases where misconduct was so unacceptable that termination is the only option, this information must be provided in writing to WIA immediately along with the final time sheet. C. Grievances Due to the training nature of a Work Experience placement and the obligatory conditions of the Worksite, there is not a grievance process for disciplinary action from the Worksite. If the Worksite Supervisor or the WIA Case Manager feel the Participant is not a proper match for the Worksite, the work experience can be ended at any time. The Participantdoes not have the right to discuss the issues with the WIA Case Manager. Depending on the termination offenses, the Participant may be able to obtain additional training and/or be placed in a more suitable Worksite. A grievance may be filed against any WIA decision by utilizing the WIA grievance procedures. Complaints of discrimination or harassment are covered by the WIA Equal Employment Officer.

7 VI. Assurances Reference 29 CFR As a condition to the award of financial assistance from the Department of Labor under Title I of WIA, the grant applicant assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: Section 188 of the Workforce Investment Act of NIA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I financially assisted program or activity; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. Additionally, Workman's Compensation Insurance to cover the Participant in training will be provided by WIA. Current employees shall not be displaced by any Participant; this includes partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits. No funds received may be used to promote or discourage union organization, political activities, or public service employment. Stipend training support may be offered only in conjunction with classroom training. WIA Work Experience 0NEX) is an intensive service that must be supported with other WIA approved training. In the event WIA fails to receive funds to implement this agreement, the agreement shall be terminated. This agreement may also be terminated upon the mutual consent of the Worksite and WIA. SIGNATURES Participant Date Worksite Supervisor Date WIA Director or Dislocated Worker Program Staff Date