6.5 Employment Expectations

6.5.1 APPLICANTS' EMPLOYMENT HISTORIES, SKILLS AND PERSONAL JOB PLANS

Applicants subject to employment expectations, at enrolment or in the future

Applicants who attended a pre-intake orientation (see section 6.2.1) received a copy of the EIA application form, which they were asked to complete to the best of their ability and bring with them to the intake interview. Such applicants should therefore have completed the sections of the application seeking information about:

• the education, training and employment history of the applicant and second adult;
• the marketable skills of the applicant and the second adult;
• any barriers to employment identified by the applicant or the second adult; and
• a personal job plan for the applicant and the second adult.

Single parents with at least one child under six years old

Single parents with children under six years old attend pre-intake orientations and complete sections of the EIA application form relating to their education, training and employment history, their skills, any barriers to employment, and a personal job plan. This information is recorded on line, with the possible exception of an action plan. (For more on the action plan, see section 6.5.2).

Single parents whose youngest child is under six years old are not subject to employment expectations, unless they received EIA while participating in an employability enhancement measure. When single-parent applicants choose to voluntarily participate in EIA's employment services, the intake worker counsels them that, if they participate in a training opportunity while receiving EIA, they may be subject to employment expectations.

Applicants not subject to employment expectations

Applicants who are not subject to employment expectations at enrolment or in the future (see section 6.5.3) are not expected to attend a pre-intake orientation. They and the second adult should nonetheless be offered and encouraged to take advantage of EIA's employment services on a voluntary basis.

If neither the applicant nor the second adult chooses to voluntarily participate in EIA's employment services, no information is recorded regarding their employment history, skills, or employment barriers.

If either or both the applicant or the second adult voluntarily chooses to take advantage of EIA's employment services, information regarding the employment history, skills and employment barriers of each adult choosing to participate is recorded on line.

6.5.2 DEVELOPING AN ACTION PLAN

Purpose of an action plan

The action plan:

• clarifies EIA's expectations as they apply to the applicant and the second adult;
• serves as a written reminder of anything the applicant and the second adult need to do to remain eligible for EIA;
• identifies one or more concrete, short-term action steps and their projected completion dates;
• documents the employment goals of the applicant and the second adult;
• confirms acceptance of the employment goal identified; and
• confirms acceptance of the action steps identified and their projected completed dates.

Who completes an action plan?

An action plan is completed at intake for every applicant and every spouse or common-law spouse of an applicant:

• who is required to perform some action step to remain eligible for EIA; and/or
• who is voluntarily participating in EIA's employment services.

Relationship between the personal job plan and the action plan

The action plan translates information provided by each adult in the applicant's household about his or her

• education and training;
• employment history;
• marketable skills;
• identified employment barriers; and
• personal job plan

into a specific employment goal for each adult in the applicant's household, and a sequence of concrete, short-term steps to be undertaken to achieve that goal.

Applicants complete personal job plans in preparation for the intake interview. Their purpose is to help focus on their employability and on what they need to do to become employed. Having given advance consideration to these questions, applicants come to the intake interview prepared to participate with the intake worker in developing a realistic action plan. While the personal job plan represents the applicant's thoughts prior to the intake interview, the action plan is the outcome of discussions and negotiations between the intake worker and the applicant.

Self-sufficiency goal

For applicants subject to employment expectations, the ultimate goal of the action plan is always self-sufficiency. The action plan outlines the detailed, specific, short-term steps that the applicant and the intake worker agree are likely to lead to the applicant's employment within a reasonable time.

The intake worker ensures that the applicant's action plan is realistic, taking into account the job opportunities currently available in the community. Applicants' employment goals should match their identified skills and abilities, as demonstrated by education and training, paid or volunteer experience, and the length of time since their last job.

Applicants subject to employment expectations are responsible for finding work in order to reduce or eliminate their dependence on EIA. No reasonable job offer may be refused. Working in any capacity makes it easier and more realistic to pursue other employment opportunities that may later become available.

6.5.3 DEFERRING EMPLOYMENT EXPECTATIONS

Employment expectations may be deferred for applicants unable to immediately focus on employment. The need for deferral may be identified by either the applicant or by the intake worker. Together the applicant and the intake worker determine the length of deferral, based on the estimated length of time required to resolve or stabilize the situation resulting in deferral. The intake worker may consult with the director or designate regarding the need for, or the length of, a deferral.

If there are concrete steps that the applicant could reasonably take to resolve some of the barriers to employment (such as taking a treatment program or exploring child care alternatives), employment expectations will not be deferred. These steps will be identified in the participant's action plan.

Some circumstances that might result in the deferral of employment expectations include:

Temporary inability to work due to physical or mental health problems

Applicants subject to employment expectations who are suffering from temporary physical or mental health problems complete those sections of the EIA application regarding their work history, job skills and employment barriers. However, the intake worker may defer identifying specific steps relating to employment in the applicant's action plan, pending medical advice from the applicant's doctor.

The applicant's action plan may reflect the obligation to seek medical attention. The worker uses any medical advice received as a guide to the subsequent development of the participant's action plan, including deferral or modification of employment expectations.

For applicants involved in a course of treatment or rehabilitation (for example, a recognized program for chemical dependency), the action plan (see section 6.5.2) records this commitment as a step towards the enhancement of the applicant's employability. The worker monitors the participant's progress and rehabilitation, updating and revising the participant's action plan periodically, as required.

For applicants subject to employment expectations, the ultimate goal of their action plan is always self-sufficiency. However, an immediate employment focus may be deferred. The length of the deferral is based on an estimate of the time required to receive medical advice and resolve health issues. This decision is made in consultation with the applicant, and is recorded in the action plan.

Family Violence

When an applicant enrols with EIA immediately after leaving a crisis intervention facility, employment expectations may be deferred.

The length of deferral depends on both the resolution of safety issues and the applicant's physical and emotional capacity to work. The intake worker may consult with the applicant's doctor, or with crisis intervention facility staff, to determine whether these issues have been identified and when they might be resolved.

A deferral decision is made in consultation with the applicant, and is recorded in the applicant's action plan. (For more on the action plan, see section 6.5.2).

Special-needs children over six years of age

Employment expectations may be deferred for parents of special-needs children over six years of age who require extensive parental care. These children may or may not be in school. The intake worker may discuss the possibility of employment and assist with the exploration of child-care options.

Compassionate Care Leave

Employment expectations may be deferred if an applicant is eligible for compassionate care leave in accordance with the Employment Standards Code. Compassionate care leave protects the employee's job while caring for a family member who has a serious medical condition with a significant risk of death within 26 weeks.

When an existing EIA participant is employed and is taking this leave, it is appropriate to defer employment expectations until the leave is completed. Staff should ensure that the participant has applied for E.I. benefits if it appears that the E.I. eligibility criteria may be met. The E.I. benefits are not an exempted financial resource, so either an assignment of benefits or the income declaration process is applicable as per section 15.6.

When an existing EIA participant is required to pursue employment, but would be eligible for this leave if employed, it is appropriate to defer employment expectations for up to eight weeks. Further deferral would be at the discretion of the director in accordance with the circumstances.

Unavailability of resources to support the participant's action plan

To be realistically achievable, employment goals and action steps must match available resources (such as child care, training appropriate to the applicant's skills, aptitudes and circumstances, and suitable jobs in the community). If the supports required for an applicant to work are not available and cannot be arranged, a deferral of employment expectations may be the outcome. The intake worker may assist in identifying ways to overcome these barriers. Any actions identified are incorporated into the action plan.

Length of deferral

The action plan is used to record deferrals of less than a year. The worker monitors the participant's circumstances after enrolment, periodically reviewing the conditions resulting in deferral.

Reasons for deferrals longer than one year are recorded in case notes. The worker monitors the participant's circumstances at least annually. At the end of the deferral period, the participant is requested to complete a personal job plan as the basis for developing an action plan with the worker.

6.5.4 OBLIGATION NOT TO TERMINATE WORK UNREASONABLY OR REFUSE REASONABLE WORK

Under section 10(1)(e) and (f) of the Regulation, applicants subject to employment expectations must satisfy the intake worker that they have not quit or been fired from a job that they might reasonably have held, or refused employment that they might reasonably have obtained.

Sanctions

Under section 10(2) of the Regulation, childless GA applicants may be denied assistance if they unreasonably terminated a job or refused a reasonable job offer.

Under section 10(3) of the Regulation, the following participants may be subject to an assistance reduction of $50 per month for unreasonably terminating a job or refusing a reasonable job offer:

• general assistance (GA) applicants with dependent children;
• the second adult in a GA household with dependent children; and
• single-parent applicants whose youngest dependent child is at least six years old.

Verification

Applicants who recently left employment will be asked to produce a Record of Employment (RoE). Childless GA applicants who recently left employment will not be enrolled without producing an RoE.

Applicants fired without just cause

Some applicants may have been fired without just cause. For example, applicants may have been fired:

• for reasons that constitute discrimination;
• under circumstances that constitute harassment;
• for attempting to induce the employer to comply with occupational health or safety standards; or
• for attempting to organize a union at the employer's workplace.

In such cases, applicants are expected to take all reasonable steps to pursue the available legal remedies against their former employer, including:

• filing a complaint with the appropriate public body (such as the Manitoba or Canadian Human Rights Commission, Employment Standards, or Workplace Safety and Health);
• applying for EI benefits; and
• appealing the denial of EI benefits.

If the intake worker is satisfied that all reasonable steps have been taken, the applicant is enrolled. EIA staff monitor the EIA appeal process, using the outcome as a guide in determining whether the participant was fired without just cause.

Applicants who quit a job with just cause

In circumstances like those described above, applicants are usually expected to attempt to resolve their differences with their employer through available legal means rather than quitting. The test under section 10(1)(e) of the Regulation is whether the applicant might reasonably have held the job. Applicants who quit under such circumstances are also expected to pursue any and all of the available legal remedies described above.

Sometimes the applicant's reasons for quitting his or her job may relate to factors other than the job. For example, applicants may quit work because:

• a change in the applicant's health made it impossible or extremely difficult to continue doing the job;
• a change in the location of the workplace made it extremely difficult for the applicant to commute to work; or
• a change in the hours of work made it impossible or extremely difficult for the applicant to arrange suitable child care.

In such circumstances, if the intake worker is satisfied that the applicant first made reasonable attempts to solve the problem without quitting, the applicant is enrolled.

6.5.5 THE FAMILY MAINTENANCE PLAN

Participants' obligation to pursue maintenance

Maintenance can be an important source of financial support for EIA participants, particularly single parents. Section 9(2) of the Regulation requires program participants to make reasonable efforts to obtain the maximum amount of compensation or benefits that may be available to them under another Act or program, including maintenance that may be available for themselves and/or the children in their custody.

As part of a strategy to maximize financial resources from other sources and reducing EIA dependency, it is generally expected that participants who may be entitled to maintenance will take all reasonable steps to pursue their maintenance claim.  (For more on maintenance, see section 8.2).

Obligation to complete a family maintenance plan

Both the pre-intake orientation facilitator and the intake worker explain and emphasize participant's obligation to pursue potential maintenance claims.  At the completion of the intake interview, applicants who may have a viable maintenance claim receive a copy of the family maintenance plan to complete for review by their worker. This expectation is recorded in the applicant's action plan.

6.5.6 PARTICIPANT SERVICE NEEDS ASSESSMENTS

See section 6.16.7 for a complete description of participant services, FEMS assessments, service needs assessments at intake, assessments of participants who are moving into Winnipeg from elsewhere in Manitoba, and how workers are assigned in Winnipeg.

6.5.7 EIA ENROLLMENT LETTERS IN WINNIPEG

Enrolment letters serve to advise or remind participants of:

• the date from which assistance will be paid;
• an explanation of the amount of assistance that will be paid;
• the name and telephone number of their worker;
• their obligation to report to and meet with their worker as requested;
• their obligation to report any income received;
• their obligation to report any changes in circumstances that may affect their eligibility for assistance and/or the amount of assistance;
• their obligation to follow any steps recorded in their action plan (for more on the action plan, see section 6.5.2); and
• their right to appeal EIA's decisions to the Social Services Appeal Board.

Following enrolment, the worker produces an enrolment letter. For childless general assistance participants, the enrolment letter is produced immediately to give to the participant at the conclusion of the intake interview. For all other participants, the enrolment letter is produced overnight to be mailed to the participant the following day.

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