Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,900
6819-7008 p. ; 28 cm.View a full description of this periodical.
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appropriate to meet job seeker and employer needs in the local labor
market.
'811.25. TANF Participation Requirements.
(a) Choices participants in a single-parent family are required
to participate for at least a minimum weekly average of 30 hours.
(b) Choices participants in two-parent families who are not re-
ceiving Commission-funded child care are required to have one or both
adults in the family participate for at least a minimum weekly average
of 35 hours.
(c) Choices participants in two-parent families who are receiv-
ing Commission-funded child care are required to have one or both
adults in the family participate for at least a minimum weekly average
of 55 hours.
811.29. Special Provisions Regarding the Fair Labor Standards Act.
(a) A Board shall ensure that employment and training activi-
ties are conducted in compliance with FLSA as follows.
(1) The amount of time per week that a Choices participant
may be required to participate in activities that are not exempt from
minimum wage and overtime under FLSA shall be determined by the
TANF cash assistance and SNAP [Food Stamp] benefits amount being
divided by the minimum wage, so that the amount paid to the Choices
participant is equal to or more than the amount required for payment
of wages, including minimum wage and overtime; or
(2) The amount of time per week that a sanctioned family
or conditional applicant may be required to participate in activities that
are not exempt from minimum wage and overtime under FLSA shall be
determined by the SNAP [Food Stamp] benefits amount being divided
by the minimum wage, so that the amount paid to the sanctioned family
is equal to or more than the amount required for payment of wages,
including minimum wage and overtime; and
(3) If a Board provides activities that meet all of the fol-
lowing categories, the activity is considered training under FLSA and
minimum wage and overtime are not required:
(A) The training is similar to that given in a vocational
school;
(B) The training is for the benefit of the trainees;
(C) The trainees do not displace regular employees;
(D) The employers derive no immediate advantage
from trainees' activities;
(E) The trainees are not entitled to ajob after training is
completed; and
(F) The employers and trainees understand that trainees
are not paid.
(b) The number of hours that a Choices participant is required
to participate in community service or another unpaid work activity
shall be determined in compliance with FLSA as described in subsec-
tion (a) of this section. If a Choices participant's hours of commu-
nity service or other unpaid work activity are not sufficient to meet the
participation [e~re work activity] requirement as set forth in 811.25(a)
- (c) [8.-1.-25t -(4)], the Choices participant shall be enrolled in ad-
ditional non-FLSA-covered [core] activities.
811.31. Special Provisions for Choices Participants in Single-Par-
ent Families with Children under Age Six.
(a) A Board shall ensure that Choices participants in single-
parent families with children under age six are notified of the penalty
exception to Choices participation as described in 811.16(d).(b) A Choices participant in a single-parent family with chil-
dren under age six shall count as engaged in work if he or she partici-
pates in Choices [core] activities for at least an average of 20 hours per
week.
811.32. Special Provisions Regarding Exempt Choices Participants
and Choices Participants with Reduced Work Requirements.
(a) A Board may [shall not] provide Choices services or sup-
port services as set forth in this subchapter [)8-1.25 - 8-33] to
exempt Choices participants who participate to the extent determined
able, as supported by medical documentation, but less than the required
participation hours. [fail to meet work requirements.]
(b) A Board shall ensure that a penalty is not requested for:
(1) exempt Choices participants;
(2) Choices participants with disabilities who participate to
the extent determined able, as supported by medical documentation,
but less than the required participation hours, as specified in 811.25(a)
- (c) [ 81.25 - (d)] and 811.31(b); or
(3) Choices participants who are caring for a disabled fam-
ily member, as supported by medical documentation, when the Choices
participant participates to the extent determined able, but less than the
required participation hours, as specified in 811.25(a) - (c) [811.25 (b)
- (d)] and 811.31(b).
811.34. Participation Provisions.
A Board shall count only actual hours of participation in Choices work
[TANF cre and non-eore] activities as allowable work participation
hours with the following exceptions, unless otherwise specified in this
chapter:
(1) For [paid] work activities set forth in 8 11.42 - 811.44,
Boards may count paid holidays or other paid leave as actual participa-
tion hours.
(2) For self-employment, Boards shall not count more
hours toward the work participation rate for a self-employed Choices
participant than the number derived from dividing the participant's
net self-employment income (gross self-employment earnings minus
business expenses) by the federal minimum wage.
2) For unpaid work activities set forth in ~ and
#8H-45 - 8H 50 , Bards may count shortiterm excused absences as
actual participation if they meet the following conditions
(A A short-term excused absenee
{[() is because ofa holiday or
[0i) totals a maximum of 80 additional hours within
a 12-month period and does not exceed -6 hours of excused absences
per month.
(B) The Choices participant must have been she-ted
to p~rti -na in an unpaid work activity durin the time period in which
the holiay or excused absence falls- Boards shall ensure reedited par-
ticipation hours do not exceed the number of hours the Choices partic-
ipant was scheduled to participate.
-(3 A oard may project participation hours in unsubsi-
and one- . ttinin.g up to six moths at a timet- utsiing an average
ef four weeks of ear~entt verified- and deeumented atual hours- Fer
self-employment a Board-}!
(A) may project participation hours in self-emply-
ment up to six months at a time using an average of three months of
errent verified- antd d melted atfial hours.]37 TexReg 6900 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253227/m1/82/: accessed April 20, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.