2-009.01B Appropriate Work and Training Criteria

The worker determines appropriate work by the following criteria:

1. Appropriate work may be temporary, permanent, full-time, part-time, or seasonal if this work meets the other work standards outlined in this section;

2. The wage must meet or exceed the minimum wage established by law;

3. The daily and weekly hours of work may not exceed those customary to the occupation;

4. No individual my be required to accept employment if:

a. The position offered is vacant due to a strike, lockout, or other bona fide labor dispute;

b. The individual would be required to work for an employer contrary to the conditions of his/her existing membership in the union governing that occupation. However, employment not governed by the rules of a union in which s/he has membership may be determined appropriate; and

c. The following additional standards must be met before a refugee may be required to accept a work or training assignment;

(1) The work or training assignment must be related to the physical and mental capability of the individual to perform the task on a regular basis. Any claim of adverse effect on an individual's physical or mental health must be substantiated by adequate medical statements; and

(2) The commuting time to and from home to the work or training site should not normally exceed two hours. (This does not include the time it takes to transport a child to and from a child care facility).

Enrollment in English classes does not qualify as a training program and therefore does not exempt the refugee from the employability requirement. English classes may be part of the employability plan.