808.39 Community Work Experience (CWEP) |
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This core activity:
• is for participants who cannot find unsubsidized employment; and
• assists the participant in acquiring the general skills, training, knowledge, and work traits necessary to obtain employment.
Community Work Experience Program (CWEP) participants are limited to non-profit organizations or community agencies that provide direct community service. Programs must include structured activities that provide both a community service and improve the employability of CWEP participants. Excluded activities include unstructured and unsupervised activities such as helping a neighbor or friend or foster parenting.
NHEP representatives negotiate with Work Host sites to develop each CWEP placement. An agreement is reached when it includes:
• the duties and responsibilities to be performed by the CWEP participant;
• the scheduled days and hours of the work placement for both a 4-week and 5-week month;
• that the Work Host site meets all Fair Labor Standards Act (FLSA) requirements, if applicable;
• the reporting and supervision responsibilities of the Work Host site; and
• the skills to be attained by the CWEP participant.
CWEP Activity Requirements
• completion of Form NHEP232, Work Experience Program (WEP) Agreement, between the Work Host site, the CWEP participant, and NHEP specifying the tasks to be performed by the CWEP participant, hours of the work placement for both a 4-week and 5-week month, and the duration of the agreement; and
• an approved Employability Plan (EP) which includes the CWEP placement information.
CWEP Verification Requirements
This activity must be verified and documented no less than once every two weeks. Form NHEP270, Work Experience Program (WEP) Verification Form, or other verifications approved by NHEP, can be used but must be signed by the onsite supervisor and returned to the NHEP worker. There is no limit to the length of time a CWEP participant may participate in the CWEP activity.
Participant Requirements
CWEP participants are responsible for:
• honoring the provisions of Form NHEP232, Work Experience Program (WEP) Agreement;
• recording and verifying participation;
• submitting attendance information for review by the Work Host site and NHEP representative upon request;
• informing the NHEP representative and the Work Host site in the event of an injury while working in a CWEP work placement; and
• attending a reassessment interview with an NHEP representative prior to the end of a CWEP work placement or placement extension.
Work Host Site Requirements
The Work Host site of a CWEP work placement is responsible for the following:
• honoring the provisions of Form NHEP232, Work Experience Program (WEP) Agreement;
• providing supervision to the participant;
• verifying the CWEP participant’s attendance in the activity by signing a completed Form NHEP270, Work Experience Program (WEP) Verification Form; and
• informing a NHEP representative if a CWEP participant is injured while working in a CWEP work placement.
CWEP Support Services
CWEP participants may be authorized for the following support services for this activity:
• child care assistance; and
• transportation assistance (payment to enrolled public/private carriers, mileage, and auto repair reimbursement).
Termination of a CWEP Placement
A CWEP placement can be terminated prior to the end of the agreement period if the Work Host site or CWEP participant fails or neglects to comply with the requirements of the agreement. Every attempt should be made to resolve the problem. However, if this is not possible, follow the procedures described below:
• The NHEP representative notifies the Work Host site in writing at least 7 calendar days prior to the termination, stating the reason(s) for the termination.
• The Work Host site or the participant then has 7 calendar days to remedy the violation or complaint prior to the agreement termination.
• When the NHEP representative terminates the agreement, they will notify the Work Host site.
CWEP Workplace Protections
Individuals in CWEP work placements have the same workplace protections as all other employees. All individuals participating in CWEP activities or work placements are provided with Form NHEP101, Your Rights in the Workplace. NHEP participants in CWEP work placements are entitled to the protections regarding sexual harassment, a safe work environment and work conditions, non-discrimination, and adequate rest and meal periods.
Limitation of Hours in a CWEP Work Placement Based on Minimum Wage
Individuals have a maximum number of hours that they can be required to participate in a CWEP work placement. The maximum number of hours for each month is determined by:
1. Subtracting all Child Support that is retained by the state from the full monthly benefit allotment received for the current month (including any amounts removed due to BFA applied sanction).
2. Add the result to the total food stamp allotment received for the current month.
3. Divide the total by the state or federal minimum wage, whichever is higher.
If the resulting number of hours ends in a decimal that is greater or equal to 0.5, round up to the next whole number. If the resulting number of hours ends in a decimal that is less than 0.5, round down to the next whole number.
FLSA requirements apply to CWEP participants. Count any family that participates for the maximum hours they are allowed under the minimum wage requirement of the FLSA as having satisfied the 20-hour per week core activity requirement if their actual participation falls short of 20 hours per week.
If the rounded number of hours is more than the current minimum participation requirement of 20 or 30 hours, the rounded number of hours is the maximum number of hours per month that can be required of that individual (not to exceed 40 hours per week).
If the rounded number of hours is less than the current participation requirement of 30 hours, require the individual to meet federal minimum participation requirements. The participant can engage in other non-WEP related NHEP activities in addition to the CWEP activity.
Workers’ Compensation
Workers’ Compensation (WC) coverage is provided to all participants in CWEP who have completed Form NHEP232, Work Experience Program (WEP) Agreement. This coverage applies to injuries sustained while in a CWEP work placement only. Form NHEP102, Notice About Workers’ Compensation Coverage, is provided to participants before beginning their CWEP placement and describes the benefit and reporting requirements.
Work Host sites receive Forms NHEP103, Work Experience Program (WEP) Pamphlet, and Form NHEP104, The Work Experience Program (WEP): Frequently Asked Questions, which describe the benefits and requirements of a CWEP Work Host site.
When an incident occurs, the participant must contact NHEP immediately. If the individual meets WC coverage criteria, the NHEP representative will provide direction in filing a claim.
References: He-W 637’s; He-W 655’s; RSA 167:82-a; RSA 167:85; RSA 167:86; RSA 167:91-b; 45 CFR 261.2(e);
Editorial Revisions Made: 12/2023