Policy Chapters and Sections

Dislocated Worker Eligibility

Chapter: 5 Section: 3
Effective Date: 7/1/2015
Expiration Date: Continuing
Published Date: 8/30/2021 10:47:20 AM
Status: Current
Version: 1

Tags: Eligibility, Eligibility

  1. A “dislocated worker” customer of WIOA must meet general eligibility requirements and at least one (1) of the following dislocated worker eligibility requirements:
    1. The individual:
      1. Has been terminated or laid off, or has received notice of employment termination or layoff; and
      2. Is eligible for or has exhausted entitlement to unemployment compensation. 
        1. The classification of persons as eligible for unemployment compensation is limited to those who have been determined eligible to receive a monetary benefit by the state unemployment insurance administering agency, or who have been determined by the state unemployment insurance administering agency to have exhausted their benefits; or
        2. Has been employed for a duration sufficient to demonstrate attachment to the workforce (meaning the individual must have at least six (6) months employment in the industry or occupation from which he/she was dislocated), but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a state unemployment compensation law; and
      3. Is unlikely to return to a previous industry or occupation because the occupation or industry is low growth or in decline; for example:
        1. Laid off or terminated from a low-growth industry, defined by a North American Industrial Classification System (NAICS) code category with less than the statewide average growth rate;
        2. Laid off or terminated from a low-growth occupation, defined as any ONet Codes category with an average annual employment growth rate of less than the statewide average growth rate for all occupations;
        3. Have been unemployed for at least twenty-six (26) weeks and have completed one (1) month of documented job search through Illinois workNet; or
        4. After an assessment of education, skills and work experience have been determined by the Title IB entity to require additional assistance to qualify for any available openings in the industry or occupation from which the person was laid off, or to obtain employment in another occupation.  Such determination must be documented in the person’s case file. 
    2. The individual:
      1. Has been terminated or laid off, or has received notice of termination or layoff from employment due to a permanent closure of or a substantial layoff at a plant, facility, or enterprise; or
      2. Is employed at a facility in which the employer has made a general announcement that the facility will close within one hundred eighty (180) days; or
        1. Customers determined eligible under this criteria may receive the full array of career services, training services, and supportive services, as appropriate.
      3. For purposes of eligibility to receive basic career services, the individual is employed at a facility at which the employer has made a general announcement that such facility will close.
        1. Customers determined eligible under this criteria are not eligible to receive individualized career services, training services, or supportive services unless it is within one hundred eighty (180) days of planned facility closure (at which time they become eligible under b.2) for all WIOA services.
      4. Local boards may develop policies and procedures to specify what constitutes a “general announcement” for plant closings;
        1. These policies and procedures could include policies and procedures for what constitutes a “general announcement” of a plant closing.
        2. General announcements apply only to those individuals who have received general notices of an impending layoff.
    3. The individual is self-employed (including employment as a farmer, a rancher, or fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;
      1. Local boards may develop policies and procedures to specify what constitutes “unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters” for individuals who are self-employed, including family members and ranch hands.
    4. Is a Displaced homemaker; or
    5. Is the Spouse of a member of the Armed Forces on active duty[1]:
      1. Has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station; or
      2. Is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
  2. Eligibility determination for the self-employed is based on the following requirements: 
    1. Formerly self-employed but currently unemployed, including individuals who have lost their business(es) due to a specified natural disaster or a specific economic condition.
    2. Self-employed and going out of business or in the process of going out of business due to specified events or conditions that provide evidence of impending business failure. 
    3. Family member of, or worker for a formerly self-employed individual including farm hands or ranch hands of persons in categories a. and b., provided that their contribution to the business constituted as least one (1) year of full-time work.
    4. This would include independent contractors or consultants who are not employees of an entity.
  3. Refer to WIOA Title IB General and Fund Source Eligibility Requirements and Documentation Sources for a list of allowable sources of documentation that can be accepted as evidence of dislocated worker eligibility.  (See the Attachments tab.)  Evidence of eligibility must be maintained in the participant’s case file. 
 

[1]As defined in Section 101(d)(1) of Title 10, United States Code