§ 165.52. Good cause.
(a) As permitted by Federal law, good cause includes the following circumstances beyond the individual’s control:
(1) The job was beyond the capacity of the individual.
(2) The individual reasonably attempted and is unable to secure or to maintain transportation.
(3) The individual reasonably attempted and cannot secure or maintain appropriate child care, as defined in § 165.2 (relating to definitions), or appropriate adult care for an incapacitated adult living in the same home, within a reasonable distance from the individual’s home, as defined in § 165.2.
(4) The working conditions are substandard; that is, the place of employment is not free of recognized hazards that are causing or are likely to cause death or serious physical harm, or the wages paid are below the minimum wage if applicable for that type of employment or are below the prevailing wage normally paid in the community for that specific kind of employment.
(5) The individual establishes a basis for a claim of discrimination by an employer or fellow employees based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs or other unlawful discrimination.
(6) The individual leaves a job in connection with patterns of employment in which workers frequently move from one employer to another, such as migrant farm labor, construction work or temporary work through an agency. Even though employment at the new site has not actually started, leaving the previous employment shall be considered good cause it if is part of the pattern of that type of employment.
(7) Personal illness or illness of another household or family member.
(8) A personal emergency.
(9) The individual failed to receive notice at least 2 days prior to the date of a scheduled RESET activity.
(10) The individual was placed in an education or training activity that was beyond the capacity of the individual to complete, and the individual is willing to participate in another activity better suited to the individual’s needs and aptitudes.
(11) A required employment and training activity conflicts with scheduled hours of employment or a job interview.
(12) The location of a RESET site or job is more than 2 hours round-trip by reasonably available public or private transportation from the individual’s residence.
(13) The individual is claiming to be exempt from RESET participation requirements under § 165.21 (relating to exemptions from RESET participation requirements) and is cooperating in an attempt to provide verification of exemption.
(b) In determining good cause, the worker will consider all the facts and circumstances, especially if the transgression is relatively minor (such as reporting to a component a few minutes late) or isolated in nature (such as forgetting to keep an appointment, despite good overall attendance). The Department may request verification from the individual when determining good cause. Even after the CAO has made a preliminary determination of the lack of good cause, an individual may offer evidence of good cause to avoid sanction.
(c) The Department may grant good cause for up to 6 months to an individual, when strict application of any RESET participation requirement would not promote an individual’s approved plan for self-sufficiency, as recorded on the AMR, and would make it more difficult for the individual to fulfill the plan. Examples of good cause for not strictly complying with a RESET participation requirement include:
(1) Hours that an individual is participating in an approved education or training activity which began during the first 24 months of receipt of cash assistance, if the total hours of instruction, lab time and work or work-related activity, whichever applies, equals at least 20 hours per week.
(2) Hours that an individual is participating in an internship, student teaching, or practicum assignment required as part of an approved education or training curriculum, if the individual is maintaining satisfactory progress as determined by the school or training agency, and the total hours of this activity and work or work-related activity, whichever applies, equals at least 20 hours per week.
(d) The Department may also grant good cause to a pregnant or parenting individual under 22 years of age who is enrolled in high school or attending a minimum 20-hour per week GED program, until the individual graduates from high school, receives a GED or reaches 22 years of age, whichever occurs first.
Authority The provisions of this § 165.52 amended under sections 201(2), 403(b), 403.1, 405, 405.1, 405.1A, 405.3, 408, 432 and 432.3 of the Public Welfare Code (62 P. S. § § 201(2), 403(b), 403.1, 405, 405.1, 405.1A, 405.3, 408, 432 and 432.3); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § § 601—619, 651—669(b) and 1396u-1; and the Federal TANF regulations in 45 CFR 260.10—265.10.
Source The provisions of this § 165.52 adopted October 2, 1992, subsection (a)(15)—(17) effective retroactively to October 1, 1990, subsections (a)(1)—(14) and (b) effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4875; amended September 13, 2002, effective retroactively to March 3, 1997, with the exception of subsections (a)(3), (c) and (d) are effective September 14, 2002, 32 Pa.B. 4435; amended April 13, 2012, effective April 14, 2012, 42 Pa.B. 1992. Immediately preceding text appears at serial pages (354167) to (354169).
Cross References This section cited in 55 Pa. Code § 140.513 (relating to eligibility end date); 55 Pa. Code § 141.55 (relating to mandatory RESET participants); 55 Pa. Code § 141.56 (relating to deferred referral); 55 Pa. Code § 141.61 (relating to policy); 55 Pa. Code § 165.1 (relating to general); 55 Pa. Code § 165.21 (relating to exemptions from RESET participation requirements); 55 Pa. Code § 165.31 (relating to RESET participation requirements); and 55 Pa. Code § 165.51 (relating to compliance review).
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