6.5 Employment Expectations
Forms
Connect 2 Application (PDF 37 KB)
Job Search Activity Report (PDF 60 KB)
6.5.1 Applicant's Employment Histories, Skills and Personal Job Plans
Policy
Employment Connections Orientation Session (PDF 47 KB)
Tracking and Monitoring of Work Expectations (PDF 96 KB)
Unsatisfactory Job Search (PDF 33 KB)
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
Policy
Employment/Training Planning with Parents of Young Children (PDF 152 KB)
Enhanced Employment and Income Assistance Education (PDF 119 KB)
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. Action plans completed at intake are to be continually monitored by case workers and adjusted as necessary to support the successful achievement of goals laid out in the action plan.
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
Policies
Compassionate Care Leave (PDF 90 KB)
Obligations for Seeking Employment/Work Expectations (PDF 255 KB)
Work Expectation Report (GWEC) (PDF 166 KB)
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 Leave or Refuse Employment / Just Cause for Leaving or Refusing Employment
Policies
GA Couples with/without Children (PDF 130 KB)
Obligation Not to Leave or Refuse Employment/Just Cause for Leaving for Refusing Employment (PDF 497 KB)
SAMIN Letter - Sanction Review (PDF 88 KB)
Work Expectation Codes (PDF 39 KB)
Under section 10(1)(e) and (f) of the Regulation, applicants and participants subject to employment expectations must satisfy EIA staff that they have not been fired from, left or refused a job that they might reasonably have held. An applicant or participant, who has left or refused employment without just cause within six months of applying for EIA or while receiving EIA benefits may have their benefits reduced or terminated.
For the remainder of this section, leaving a job is defined as quitting or being fired from a job.
EIA staff will ask applicants and participants who were recently employed to produce a Record of Employment (ROE).
Just Cause to leave or refuse employment
EIA may, for the purposes of determining eligibility consider the following instances to be just cause for leaving or refusing work, provided that the applicant or participant tried to resolve the situation first.
- Conflict with Personal/Family/Education Responsibilities
- the need to care for a child or a member of immediate family as no other reasonable alternative can be arranged
- the employer has changed the individual’s hours of work making it impossible or very difficult to obtain child care
- the employer has changed workplace locations making it very difficult to get to work and the individual is not able to relocate
- the individual is attending full-time education or training that is approved by EIA
- Conditions of Employment violate provincial Employment Standards or Present Moral/Legal Objections
- the individual’s wages or salary are below minimum wage
- the individual is asked to work an unreasonable amount of overtime and/or the employer refuses to pay for the overtime work
- the employer has illegal practices
- the job requirements conflict with personal religious beliefs, values or professional ethics
- Health and Safety Concerns
- working conditions are dangerous to personal health and safety
- a health condition prevents the performance of the duties of the job
- the individual does not have the skills to perform the job duties
- Harassment or Discrimination
- the individual is treated in an abusive manner by an employer, supervisor or co-worker
- the individual pressured by the employer or co-workers to leave employment
- the individual is a victim of discrimination due to affiliation to an association, organization, or union of workers
- the individual is a victim of discrimination as defined by The Human Rights Act of Canada or The Human Rights Code of Manitoba
This is not an exhaustive list. Other situations may be considered to be just cause for an applicant or participant to leave or refuse a job.
Applicants/Participants who leave or refuse a job with just cause
In circumstances like those described above, applicants or participants must provide EIA staff with information and an explanation as to what happened, as well as proof that they tried to resolve the situation and/or looked into other alternatives.
Examples of actions to try to resolve the situation include:
- Raising concerns with the employer, human resources or union.
- Requesting a move to other duties or divisions or a change in work hours or location.
- Filing a complaint with the appropriate public body.
In such circumstances, if staff are satisfied that the applicant or participant made reasonable attempts to solve the problem, EIA eligibility or benefits will not be affected.
Applicants/Participants who leave or refuse a job without just cause
Under section 10(2) of the Regulation, General Assistance (GA) applicants without children may be ineligible for benefits if they left or refused a job without just cause.
Applicants approaching EIA for benefits who cannot demonstrate just cause for leaving employment are to be given the opportunity to apply, and written confirmation of any decision concerning eligibility, including the right of appeal.
Under section 10(3) of the Regulation, participants with dependent children may be subject to a benefit reduction (i.e. financial sanction) of $50 per month for leaving or refusing a job
Under current EIA policy, the following members of households with dependent children may be subject to benefit reduction due to leaving or refusing employment without just cause:
- Single-parent applicants whose youngest dependent child is at least six years old;
- GA applicants with dependent children;
- the second adult in a GA household with dependent children where the youngest child is under 6 years of age; and
- 16 and 17 year old dependent children not attending school full-time
While both adults in a GA household with dependent children are subject to work expectations, financial sanctions will only be applied to one adult in households where the youngest child is under 6 years of age. In cases where all children in a household are at least 6 years of age, financial sanctions or benefit reductions can be applied for each person on the file who is subject to work expectations who leaves or refuses employment without just cause. This applies to both adults and 16 and 17 year old dependent children who are not attending school full-time.
If a single parent with at least one child under age six, or a person with a disability refuses or leaves a job their benefits will not be affected. For all other EIA case categories, emergency assistance may be available if an immediate need for financial help is present.
If benefits are reduced or if it is decided that the applicant or participant is not eligible for EIA benefits because they did not have a just cause for leaving or refusing a job, EIA staff will provide them with a letter explaining this decision. The letter will advise the applicant or participant of their right to appeal this decision to the Social Services Appeal Board (SSAB) within 30 days of receiving the letter.
How to become eligible for EIA benefits again
If an applicant or participant who leaves or refuses a job without just cause can demonstrate to EIA staff that they have looked for employment and/or been working to improve their job skills, they will be considered eligible for EIA benefits provided they meet all other EIA eligibility criteria.
If benefits have been reduced or denied, the applicant or participant and EIA staff can work together to prepare a short-term action plan. This plan should consist of actions that can reasonably be completed in 3 or 4 days.
Once the short-term action plan has been fulfilled the applicant or participant may receive benefits, or have their sanction removed, provided they meet all other EIA eligibility criteria. At this point, a long-term action plan outlining employment goals will be completed with the participant.
6.5.5 The Family Maintenance Plan
Policies
Legal Aid Referrals (PDF 69 KB)
Maintenance and Child Support (PDF 148 KB)
Transportation Support to Search for a Job (PDF 91 KB)
Participants' obligation to pursue maintenance
Maintenance can be an important source of financial support for EIA participants, particularly single parents. Section 12.1(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.