General TAA Waiver of Training Guideline

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General TAA Waiver of Training Guideline Powered By Docstoc
					                                          Washington State Employment Security Department

                                               Waiver from Training Guideline
                                 The following information is intended to provide clarification and guidance
                            when issuing a waiver, review or revocation of waiver to the TAA training requirement.


LINKS TO SECTIONS WITHIN THE GUIDELINE:
                       30-day Reviews | Revocation | Work Search Directive
               Additional TRA | Extension Request for TRA | SKIES Entries | Inquiries

FORMS, SCREENS AND CHECKLIST:
              SKIES Determination of Entitlement Form 57 | Request for Determination 855
   Request for Training Approval and Allowances 858 | Work Search Directive 858-B | Waiver Flowchart
               SKIES Training Waiver | SKIES Revocation of Waiver | Waivers at a Glance
       SKIES Program Enrollment | SKIES Service Plan BRS | 45 Day Extenuating Circumstances


HIGHLIGHTS:
           A waiver of training preserves the right to Basic and Additional TRA for a worker certified for
            Trade Act.

           Conduct an Initial Assessment prior to the last day of the 16th week after the most recent total
            qualifying separation or by the last day of the 8th week of the certification of eligibility covering
            the worker, whichever is later, to determine if there is an immediate need for training or
            whether the worker meets one of the six conditions for issuing a waiver listed under Conditions
            for the Waiver below.

           The waiver must be issued by the last day of the 16th week after the most recent total
            qualifying separation or by the last day of the 8th week of the certification of eligibility covering
            the worker, whichever is later.

           Emphasize the 30-day waiver review requirement with the worker when issuing the waiver.
            See statement under Receipt of Waiver on waiver form.

           Trade program enrollment in SKIES is required when the waiver is issued because it is a TAA
            funded service. At this point the worker becomes a participant.

           An approved waiver form must be signed and dated by both the worker and the Trade Act
            Service Provider. The original signed waiver form is to be maintained in the participant’s file.
            Give a copy of the waiver to the participant. See SKIES Training Waiver.

           A waiver from training is issued one time only under a certification. When a participant wishes
            to access any remaining Basic TRA benefits within their two-year eligibility period a Work
            Search Directive must be issued rather than reissuing the waiver.

Conditions for the Waiver

Conditions for the waiver of training are limited to one of the following six situations:

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            1. Recall. Participant has received specific written recall notice.
            2. Marketable job skills. Participant possesses the skills to find suitable employment.

            3. Retirement. Participant is within two years of retirement.

            4. Health. Participant is still required to be able to seek and accept employment.

            5. Enrollment unavailable. Training is not available within 60 days.

            6. Training not available. Training that is suitable is not available for the participant due to lack
               of federal funds or training exceeds reasonable cost.

30-Day Reviews

Review of waivers every 30 days is to insure the conditions for the waiver still apply. Confirm this
requirement with participant. See SKIES Training Waiver screen

You may set an appointment for the review in either SKIES Scheduler or Outlook Calendar.
Otherwise run the Waiver Report in SKIES regularly (Frequently enough to review waivers timely.)
to determine when a review is due.

Each 30-day review must be documented. (Include as documentation information in the case note
section in SKIES and copies of job search logs or TRA Work Search forms in the participant file.)


Revocation

Revoke the waiver if the conditions for waiver no longer exist, SKIES Revocation of Waiver. Provide
a brief reason for the revocation in the comment section. The effective date of the revocation is
required. The two reasons for revocation are:

The participant enrolls in TAA approved training funded by either TAA or a partner program.

The participant has not complied with Work Search Directive requirements.

DO NOT revoke or review the waiver if the participant has returned to work.


Work Search Directive

A Work Search Directive must be issued for a participant to access any remaining Basic TRA weekly
benefits (during the two-year Basic TRA eligibility period). For example, a Work Search Directive
would be issued when a participant has completed short-term training and still has Basic TRA
available. This would allow the participant to conduct an active job search and receive their TRA
benefits. Fax the completed and signed Work Search Directive to the TRA Payment Unit only at
(360) 586-5603. The participant needs to complete the weekly Work Search Documentation and
Claim Form – 858-B to receive payment and fax to the TRA Payment Unit at (360) 586-5603. The
claim form can be faxed as early as Friday.

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Additional TRA

To preserve Additional TRA benefits, in addition to the timely issuance of a waiver a participant must
file a bona fide request for training by completing a Request for Training Approval and Allowances
858 within 210 days of the company certification date or the participant’s most recent separation date,
whichever is later. Please refer to the Classroom Training Procedures for assistance in completion of
the Request for Training Approval and Allowances 858.


45-DAY EXTENUATING CIRCUMSTANCE EXTENSION REQUEST FOR TRA

Under certain extenuating circumstances, the 8/16 week deadline for enrollment may be extended for
up to 45 days. Examples of “extenuating circumstances” can include situations such as when a
participant suffers injury or illness that adversely affects the participant’s ability to enroll in a training
program or other events where the participant can justify and document that the use of “extenuating
circumstances” is warranted. Complete the 45-Day Extenuating Circumstance Extension Request for
TRA and fax to the TAA/TRA Unit at (360) 586-5603. Contact the TAA/TRA Unit at (360) 664-2118 if
you have questions or need further clarification.

SKIES ENTRIES:
SKIES Enrollment - A step-by-step description for counselors who enter TAA information for SKIES. This
contains steps needed for completing the SKIES Program Enrollment and SKIES Service Plan BRS. The
actual start date of the service plan must be the same as the TAA Program Enrollment start date.
SKIES Training Waiver - TAA Staff and Job Seekers generate a TAA / TRA Waiver Form. The Waiver
preserves and establishes eligibility to draw basic TRA benefits when the customer is not enrolled in
a TAA approved training program and is participating in an active job search. Entering and tracking
the Training Waiver in SKIES provides a common place to store and access information.

SKIES Revocation of Waiver: TAA Staff generate a SKIES TAA / TRA Waiver. Revoke the waiver if the
conditions for waiver no longer exists. Provide a brief reason for the revocation in the comment section. The
effective date of the revocation is required. There are two reasons for revocation of a training waiver: 1) the
participant enrolls in a TAA approved training funded by either TAA or a partner program or 2) the participant
has not complied with Work Search Directive requirements.


DIRECT INQUIRIES TO:

Questions regarding the issuance of the waiver or Work Search Directive
involving specific situations are to be directed to the TAA or TRA Coordinators.

Phil Diehl
Employment Security Department
P.O. Box 9046
Olympia, WA 98507-9046
Telephone: (360) 664-2118
FAX: (360) 586-5603
pdiehl@esd.wa.gov



Waiver Guideline Revised 07/2008                                                                         Page 3 of 3