DEPARTMENT OF HUMAN SERVICES  
FAMILY PROGRAM POLICY ADMINISTRATION  
EMPLOYMENT AND TRAINING PROGRAM  
(By authority conferred on the Department of Human Services by section 6 of 1939 PA  
280, MCL 400.6.)  
R 400.3601 Definitions.  
Rule 1. As used in these rules:  
(a) "Begin date" means the first day for which the family independence group is eligible  
for benefits.  
(b) "Employment and training components" includes both of the following:  
(i) Work activities defined in section 407(d) of Public Law 104-193, 42 U.S.C. §607(d).  
(ii) Job club, internship, and postsecondary education.  
(c) “Department” means the Michigan department of human services.  
(d) "Employment-related activities" means those activities which are operated or  
contracted by the department, are employment and training programs, and serve applicants  
and recipients of financial and food assistance.  
(e) "Minimum wage" means the lesser of the legal applicable state or federal minimum  
wage.  
(f) "Noncompliance" means action or inaction of a client in failing to meet assigned  
employment related activity requirements.  
(g)"Nonprofit" means tax-exempt under section 501(c)(3) of the internal revenue code of  
1986, 26 U.S.C. §501(c)(3).  
(h) "Reasonable cost" means the rate of payment or reimbursement by the department for  
supportive services costs.  
(i) "Suitable employment" means employment that meets minimum employment  
standards. Employment is not suitable employment if any of the following provisions  
apply:  
(i) With the exception of sheltered workshops, the wage offered is less than minimum  
wage, including tips, as applicable.  
(ii) The client is physically or mentally unfit to perform the job, as documented by medical  
evidence or by reliable information from other sources.  
(iii) The working hours or nature of the employment interferes with the client's religious  
observances, convictions, or beliefs.  
(iv) The degree of risk to health and safety is unreasonable.  
(v) The employment results in the family experiencing a net loss of cash income.  
(j) "Support services" means services provided, as needed and to specified limits, to  
support employment and training program participation requirements. Support services  
may include any of the following if the services are determined by the department to  
enhance a client's ability to obtain and retain employment:  
(i) Counseling.  
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(ii) Child day care.  
(iii) Information and referral services.  
(iv) Medical services.  
(v) Moving services.  
(vi) Special clothing purchases.  
(vii) Transportation allowance.  
(viii) Automotive repair.  
(ix) Special purchases.  
(k) "Willingness to comply test" means participation in an activity or component for 5  
working days for a total of 20 hours and/or attendance at an orientation conducted by the  
Department.  
History: 1997 AACS; 2014 AACS.  
R 400.3602 Employment expectations.  
Rule 2. (1) A non-deferred client shall accept suitable employment up to 40 hours per  
week.  
(2) A client who is deferred on the basis of working the minimum number of hours  
required to meet the federal work requirement shall accept suitable employment up to 40  
hours per week, unless the department determines that the employment would interfere  
with the individual's attendance at, or successful completion of, a self-initiated education  
or job training program that the department has approved.  
History: 1997 AACS; 2014 AACS.  
R 400.3603 Support services.  
Rule 3. Support services may be provided to applicants and recipients who are required  
to participate in employment related activities.  
History: 1997 AACS.  
R 400.3604 Special program groups.  
Rule 4. Selected family independence program groups may be served by programs other  
than the employment and training program. R 400.3602, R 400.3603, and R 400.3606 to R  
400.3612 apply to the following selected program groups:  
(a) Refugees served by the Michigan works association (MWA) with the assistance of  
refugee contractors.  
(b) Persons in transitional housing programs designated by the Michigan state housing  
development authority and funded by the United States department of housing and urban  
development, Michigan state housing development authority, or entitlement community  
block grants.  
(c) Active Michigan rehabilitation services participants.  
(d) Active job corps, volunteers in service to America, and AmeriCorps participants.  
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History: 1997 AACS; 2014 AACS.  
R 400.3605 Required participation in unpaid work experience prohibited; exception.  
Rule 5. Except for an internship, a client shall not be required to participate in unpaid  
work experience in the private for-profit sector.  
History: 1997 AACS.  
R 400.3606 Noncompliance with employment and training requirements.  
Rule 6. The following conduct constitutes noncompliance with employment and training  
requirements for applicants and recipients of the family independence program:  
(a) Failing or refusing to appear for a scheduled appointment or meeting.  
(b) Failing or refusing to participate in an assigned activity or component.  
(c) Stating orally or in writing a definite intent not to comply with program requirements.  
(d) Refusing supportive services if the refusal prevents participation in employment and  
training requirements.  
(e) Exhibiting disruptive behavior that prevents others from pursuing their employment  
and training requirements.  
(f) Threatening or physically abusing department or program staff or other program  
participants.  
(g) Failing or refusing to accept a job referral.  
(h) Failing or refusing to complete a job application.  
(i) Failing or refusing to appear for a job interview.  
(j) Refusing an offer of suitable employment.  
(k) Voluntarily leaving a job.  
(l) Being terminated from employment for misconduct or absenteeism.  
(m) Voluntarily reducing hours of employment or otherwise reducing earnings.  
(n) Refusing to accept suitable employment up to 40 hours per week, unless the  
department determines that the employment would interfere with the individual’s  
attendance at, or successful completion of, a self-initiated education or job training  
program that the department has approved and the client is meeting the federal work  
requirement.  
History: 1997 AACS; 2014 AACS.  
R 400.3607 Good cause reasons for noncompliance with employment and training  
requirements.  
Rule 7. The following are good cause reasons for noncompliance with employment and  
training requirements that apply to applicants and recipients of the family independence  
program:  
(a) The applicant or recipient suffers from a temporary debilitating illness or injury or an  
immediate family member has a debilitating illness or injury and the applicant or recipient  
is needed in the home to care for the family member.  
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(b) The applicant or employee lacks child care as defined in section 407(e)(2) of Public  
Law 104-193, 42 U.S.C. §607(e)(2).  
(c) Either employment or training commuting time is more than 2 hours per day or is more  
than 3 hours per day when there are unique and compelling circumstances, such as a salary  
at least twice the applicable minimum wage or the job is the only available job placement  
within a 3 hour commute per day, not including the time necessary to transport a child to  
child care facilities.  
(d) Transportation is not available to the participant at a reasonable cost.  
(e) The employment or participation involves illegal activities.  
(f) The applicant or recipient is physically or mentally unfit to perform the job, as  
documented by medical evidence or by reliable information from other sources.  
(g) The applicant or recipient is illegally discriminated against on the basis of age, race,  
disability, gender, color, national origin, or religious beliefs.  
(h) Credible information or evidence establishes 1 or more unplanned or unexpected  
events or factors that reasonably could be expected to prevent, or significantly interfere  
with, the individual's compliance with employment and training requirements.  
(i) The applicant or recipient quit employment to obtain comparable employment.  
History: 1997 AACS; 2014 AACS.  
R 400.3608 Financial assistance penalties.  
Rule 8. (1) A noncompliance penalty is imposed in the following situations:  
(a) A non-deferred group member fails, without good cause, to participate in employment  
related activities as required.  
(b) A group member who is meeting the federal work requirements by working the  
minimum number of hours and any of the following provisions apply:  
(i) The group member fails to accept suitable employment up to 40 hours per week  
without good cause, unless the department determines that the employment would interfere  
with the individual's attendance at, or successful completion of, a self-initiated education  
or job training program that the department has approved and the client is meeting the  
federal work requirement.  
(ii) The group member voluntarily leaves a job without good cause.  
(iii) The group member voluntarily reduces hours of employment without good cause.  
(iv) The group member is terminated from employment for misconduct or absenteeism  
without good cause.  
(2) If the noncompliance is based on 1 or more of the following instances, then the group  
is ineligible for the family independence program and related food assistance for 30 days:  
(a) Voluntarily leaving a job.  
(b) Being terminated from employment for misconduct or absenteeism without good  
cause.  
(c) Voluntarily reducing hours of employment or otherwise reduce earnings.  
(d) Refusing to accept suitable employment up to 40 hours per week, unless the  
department determines that the employment would interfere with the individual’s  
attendance at, or successful completion of, a self-initiated education or job training  
program that the department has approved and the client is meeting the federal work  
requirement.  
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(3) The department shall impose a penalty described in sub rule (1) of this rule for at least  
1 month or 2 pay periods.  
History: 1997 AACS; 2014 AACS.  
R 400.3609 Member removal and case closure; effect on employment related  
activities penalty.  
Rule 9. (1) If a noncomplying person leaves the home while a penalty is imposed, then  
the remaining group members are not subject to the penalty.  
(2) If the group becomes ineligible for family independence assistance while a penalty is  
imposed, then the penalty is reinstated if the group reapplies and the noncomplying person  
still refuses to participate. A penalty will not be reinstated if the family can demonstrate  
that the noncomplying individual was employed and meeting the federal participation  
standard while the case was closed. The penalty is reinstated as follows:  
(a) If the first 2 months of eligibility or 4 consecutive months, whichever is applicable,  
have not expired since the initial implementation of the penalty, then the penalty is  
reinstated using the original begin date.  
(b) If the first 2 months of eligibility or 4 consecutive months, whichever is applicable,  
have expired since the initial implementation of the penalty, then the group is ineligible for  
family independence assistance. A penalty will not be reinstated if the family can  
demonstrate that the noncomplying individual was employed and meeting the federal  
participation standard while the case was closed.  
History: 1997 AACS; 2014 AACS.  
R 400.3610 Noncompliance with employment related activities requirements; food  
assistance disqualification.  
Rule 10. (1) The department shall impose a noncompliance disqualification for food  
assistance if a food assistance group member, who is not also an applicant for or recipient  
of cash assistance, fails, without good cause, to comply with the employment and training  
program. Noncompliance with family independence program requirements shall be  
counted when determining the disqualification period.  
(2) The department shall apply a disqualification for food assistance as follows:  
(a) The noncomplying group member is removed from the eligible group for 1 month for  
a first instance of noncompliance.  
(b) The noncomplying group member is removed from the eligible group for 6 months  
for each instance of noncompliance after the first instance.  
(c) Once imposed, a disqualification continues in consecutive months even if the case is  
closed or the disqualified person is subject to another ineligibility disqualification.  
(d) A disqualification ends if the disqualified person becomes deferred under food  
assistance deferral rules for any reason other than application for, or receipt of,  
unemployment compensation.  
(3) To reestablish eligibility at the end of the disqualification period, a group member  
shall complete the willingness to comply test unless the member is working 20 hours or  
more per week.  
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(4) An applicant for or a recipient of family independence program benefits will have the  
same disqualification or penalty that is applicable to the family independence program  
applied to his or her food assistance case for noncompliance with employment-related  
activities requirements in the case of the family independence program and for  
noncompliance with the requirements of 45 C.F.R.§400.82.  
History: 1997 AACS; 2014 AACS.  
R 400.3611 Subsequent applications for food assistance benefits after application  
denial or case closure due to comparable penalty.  
Rule 11. If a group whose food assistance benefits were denied or whose case was closed  
due to the imposition of a comparable family independence program penalty or  
disqualification applies for food assistance benefits, but not cash assistance, then the  
following provisions apply:  
(a) If the denial or closure was due to the failure to meet a family independence  
employment-related activities requirement, then the mandatory food assistance participant  
who caused the penalty for disqualification shall complete a willingness to comply test. If  
the mandatory food assistance participant does not complete the willingness to comply test,  
then he or she is disqualified as specified in R 400.3610.  
(b) If the group is eligible, then the begin date for benefits shall be set to assure 1 month's  
loss of benefits.  
History: 1997 AACS; 2014 AACS.  
R 400.3612 Willingness to comply test.  
Rule 12. (1) If noncompliance without good cause results in a reduction or termination of  
department financial assistance or food assistance benefits, then, at the client's request, the  
department shall offer a willingness to comply test.  
(2) If a person completes the willingness to comply test, then the group’s benefits are  
restored as follows:  
(a) If the penalty is a 25% reduction in the payment standard, then benefits are restored  
effective with the pay period in which the person agreed to comply, but not before the  
minimum penalty period of 1 month or 2 pay periods has expired.  
(b) If the penalty is group ineligibility, then benefits are restored as set forth in R  
400.3611, but not before the minimum penalty period of 1 month or 2 pay periods has  
expired.  
History: 1997 AACS; 2014 AACS.  
R 400.3613 Rescission.  
Rule 13. R 400.3591 to R 400.3596 of Michigan Administrative Code, appearing on pages  
690 to 692 of the 1985 Annual Supplement to the 1979 Michigan Administrative Code, are  
rescinded.  
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History: 1997 AACS.  
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