For Job Seekers  For Employers  For Workforce Partners

The Florida Back to Work Progam

FREQUENTLY ASKED QUESTIONS
(lastest update 6/10/10)

FISCAL Q and A’s:

1. To what extent is the RWB required to track expenditures?
   (amended 3/12/10)
   
   Please see the General Accounting and OSMIS Reporting Guidance information.

2. What is the close out period for the project?
   (amended 3/12/10)
   
   Invoices are payable for three months following the project end date of September 30, 2010, or December 31, 2010, whichever is sooner. Actual expenditures must be incurred no later than September 30, 2010.

3. How will spending be tracked by participant?
   
   Expenditures will be reported by cost category in OSMIS.
   
   
4. Are reimbursements to be reported as income by the EMPLOYER?
   (posted 3/11/10)
   
   Reimbursement to the employer is for wages paid to a participant. Those wages constitute income to the participant and must be reported as income.   If so, which 1099 would be used? The employer should consult the Internal Revenue Service regarding how to report income.
   
   
5. Is there a UC tax exemption for those employed through FBtW?
   (amended 3/12/10)
   
   Yes, in some cases. There is a UC Tax exemption for wages paid for:
   Workers who provide services for public employers or for religious, charitable, educational or other tax exempt organizations; and
   
   
   • Only if these workers are actually employed by the public employers or tax exempt organizations.
   • Wages paid to workers leased to such entities by staffing or employee leasing companies are not exempt.
     
     
   All other wages reimbursed to an employer by the TANF Emergency Contingency fund are subject to UC taxes.

 

ELIGIBILITY-PARTICIPATION Q and A’s:

1. Are non-custodial parents of TANF eligible children eligible to participate in the program?
   
   Not as a non-custodial parent, but these customers may be employed if they meet the other eligibility criteria. 

2. Does a customer have to be unemployed to qualify for this program?
   
   No. Employment status is not a factor in determining eligibility.  

3. Are participants eligible for Unemployment Compensation once they leave the program?
   
   Yes, as long as they have wages that qualify them monetarily for a new claim which is based on the first four of the last five completed calendar quarters. They must also have been separated from employment through no fault of their own. If they are on a claim that has not ended, they can file to reopen a claim or file an additional claim. 
   

4. Will an employer who participates in Back to Work also be eligible for WOTC? (amended 5/25/10)
   
   No.

5. Are members of the Florida Legislature eligible employers?
   (amended 3/12/10)
   
   Employment may be with a private sector, public sector or non-profit employer Duly elected members of the Florida Legislature who are also business owners may participate in this program.            

6. Is a woman who is pregnant with her first child eligible for the program?
   (amended 3/12/10)
   
   Yes.  Please see Final Rule Participant Eligibility Requirements 60BB-10.003(3)(d)
   
   
7. May a current employee working in a voluntary status be hired in FBtW?
   (Posted 3/11/10)
   
   Yes. As long as the individual meets the program eligibility criteria
   
   
8. May an individual receive Up Front Diversion services and be employed in Florida Back to Work simultaneously?
   (Posted 3/11/10)
   
   Yes. This would require adherence to both program guidelines and making a determination that the individual is eligible for each. This includes proving the emergency, connecting the individual with job (FBtW) opportunities, and determining whether or not the individual will be able to pay their outstanding bills once the diversion payment is made. FTtW is temporary in nature, so this should also be considered. Further, the UFD recipient is eligible for transitional services if they become employed (FBtW) within the established time frame outlined in the UFD guidance. The funding streams for the two programs should be kept separate so as to avoid blurring the lines between assistance (UFD) and non-assistance (FBtW).
   
   
9. If a business had substantial layoffs of positions they wish to fill, are these vacancies eligible? (Posted 3/11/10)
   
   A subsidized employment position cannot be created if another individual is on layoff from the same or any substantially equivalent job, or if the employer has terminated the employment of any regular employee or caused an involuntary reduction in its workforce in order to fill the vacancy with a subsidized worker.   A vacant position created by a prior layoff does not, by itself, prohibit the employer from filling that position with an individual whose wages/benefits are subsidized by this program as long as neither of the two conditions above exists.
   
   
10. May an employee affiliated with the RWB who is also an employer participate in FBtW? (Posted 3/11/10)
    
    Yes, for RWB employees, but 45 CFR 74.42 prohibits an employee, officer, or agent from “participating in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved.” 1  Thus, an employee who has a real or apparent conflict of interest must be segregated from the process of the selection, award, and administration of that contract.  As a first step in fulfilling this requirement, it is our recommendation that employees be requested to promptly disclose any conflicts of interest in a subsidized employment project.
    
    No, for State employees, because the AWI ethics policy is stringent, and AWI employees must comply with s. 112.313(7) (a), Fla. Stat., which prohibits any officer or employee of an agency from:
    
    
    • having or holding any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee; or
      
      
    • having or holding any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties.
    
    1 A “real or apparent conflict of interest” is identified in 45 CFR 74.42 as arising when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award.
    
    
11. May relatives of employees affiliated with the RWB participate in FBtW?
    (Posted 3/11/10)
    
    Yes.  Under the federal provisions, there is nothing preventing any relative of any employee, officer or agent from participating in the subsidized employment program, but the employee, officer, or agent cannot participate in the selection, award, or administration of the award to the relative.  Again, as a first step in fulfilling this requirement, it is our recommendation that conflicts of interest be promptly disclosed to the Board.  For purposes of the subsidized employment program, the applicable definition of “relative” is in s. 112.312(21), Fla. Stat.:
    
    an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee.
    
    
12. May RWB Board Members who are also employers participate in FBtW?
    (Posted 3/11/10)
    
    Yes, but if the RWB enters a contract with an organization or individual represented on the board of directors, s. 445.007(1), F. S. requires:   

• approval of the contract by a two-thirds vote of the entire board; and
• abstention from the vote on the contract by the board member with an interest in the contract; and
• disclosure of the conflict by the board member in accordance with s. 112.3143(4), Fla. Stat.

In addition, the disclosure requirements of s. 112.3143(4), Fla. Stat., are also applicable to the Board member if a vote will be held that pertains to a contract with a relative (or other connected interest) of the Board member.  For this purpose, s. 112.3143(1)(b), Fla. Stat., defines “relative” as any father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law.  Furthermore, s. 112.3143(4), Fla. Stat., provides procedures for the Board to follow if a Board member participates on any matter involving a relative or other connected interest. 

13. May employers participate if the jobs are outside of Florida but are limited to Florida residents? (Posted 3/11/10)
    
    No. FBTW jobs must be located within the state of Florida. 
    
    
14. If a participant leaves FBtW and then applies for a second job with the program, is it necessary to re-establish their eligibility? (Posted 3/11/10)
    
    Yes. A FBTW employee who leaves the program and subsequently attempts to return would be subject to the same eligibility process as a newly enrolled applicant.
    
    
15. Are there any sources of income that we may disregard when determining eligibility? (Posted 3/11/10)
    
    Yes. These income sources include:
    
    
    • Work study payments
    • Income of a minor child (Such as SSI/SSDI)
    • Stipends provided through the Workforce Investment Act. And,
      
      
      
    • Court ordered child support which the applicant is paying to the custodial parent if the applicant can document these payments are current may be disregarded.
    
    
    
16. Are parents who have joint-custody of their children eligible for FBtW?
    (Posted 3/11/10)
    
    In a joint-custody situation, when there is no court order to verify which parent has primary custody, a decision could be made by a written agreement of the parents to allow one of the parents to be designated as the custodial parent for purposes of this program.
    
    Does a pregnant individual applying to participate in the Florida Back to Work (FBtW) program have to be in her third trimester? (Posted 3/11/10)
    
    No.  According to federal law, Florida is allowed to apply restrictions associated with the definition for needy families and other eligibility requirements. Florida Statutes s. 445.018 does not limit the definition of “pregnant woman” to a woman in her third trimester.  See the screen shot of the law below
    
    
    
    Additionally, Florida’s Temporary Assistance for Needy Families (TANF) State Plan does not limit participation of a pregnant woman to a woman who is in her third trimester.  Below is the screen shot of the table outlining the definition of family and services.
    
    
    
    The RWB must determine that the candidate will be able to work during the period of time established in the contract with the employer.
    
    
17. Is self-attestation acceptable to determine income eligibility when the applicant:  (Posted 4/09/10)
    
    Reports earned income during the most recent 30 days.
    
    No. Pay stubs or other earnings records should be obtained. Note: Self-attestation can be initially used in such a circumstance but the RWB should obtain subsequent documentation from the applicant.
    
    
18. Is a current or recent unemployment compensation claimant.
    (Posted 4/09/10)
    
    No. In these cases, the RWB should use the FLUID or EFM system(s) to confirm UC status.
    
    
19. Is a current or recent recipient of TCA. (Posted 4/09/10)
    
    No. In these cases, the RWB should review the appropriate FLORIDA screens to confirm TCA status.
    
    
20. Is a recipient of social security, pension, child support payments, or any other source of income that may be documented through official records. (Posted 4/09/10)
    
    No. In these cases, the most appropriate documentation should be obtained.  Note: Self-attestation can be initially used in such a circumstance but the RWB should obtain subsequent documentation from the applicant.
    
    
21. Claims no income of any kind during the most recent 30 day period and there is no reason to suspect otherwise. (Posted 4/09/10)
    
    Yes.  In such circumstances self-attestation is acceptable.
    
    
22. Is self-attestation acceptable in determining family size? (Posted 4/09/10)
    

    Yes.

23. Is a job applicant who holds a J-1 Visa eligible for employment through Florida Back to Work? (Posted 4/16/10)
    
    No.

24. In a family unit where the grand-parent, parent and child/grand-child are living in the home, may the grand-parent be determined eligible for the program? (Posted 4/16/10)
    
    No. Grand-parents are only eligible as a custodial parent in cases where the parent is absent from the home.
    
    
25. Are step-parents eligible for the Florida Back to Work Program? (Posted 4/16/10)
    
    Yes. There is nothing in statute or rule that prohibits step-parents from participating. The step-parent would need to meet one of the three eligibility groups in order to participate.
    
    
26. When making a determination of household size for purposes of eligibility, can we include “adult children” of the eligible parent? (Posted 4/21/10)
    
    No. These individuals must be considered as members of a separate household and cannot be considered.  (This is a clarification from DCF that changes an earlier answer that stated you could include those individuals when determining family size).  An example would be a household with both parents and two children.   One child is under the age of 18 and one child is 18 (an adult child).   The correct family size to determine if the family’s income is less than 200% of the federal poverty level is 3 not 4.  
    
    
27. Can individuals who have been convicted of a drug related felony participate in the Fl Back to Work Program? (Posted 4/21/10)
    
    Yes, except when the conviction involves drug trafficking. Other drug related felonies will not exclude the applicant from employment. Additionally, in order to apply the drug trafficking disqualification, the offense that resulted in a conviction must have occurred after August 22, 1996 and the conviction itself must have occurred on or after July 1, 1997.
    
    
28. For purposes of eligibility, is all military income to be considered or just the individual’s base pay? (Posted 4/21/10)
    
    All military income (base pay and any additives) must be considered. 
    
    
29. May a Florida Back to Work employer whose employees are partially compensated by tips participate in the program? If so, to what extent is the employer reimbursed for wage costs? (Posted 7/01/10)
    
    Yes, these employers are eligible to participate. However, the reimbursement amount is limited to the amount of wages paid by the employer, and would not include the tips earned by the subsidized employee.    
    
    
    

DOCUMENTATION Q and A’s:

1. What form of documentation is required from the employer?
   
   The agency is not prescribing the precise format for employer documentation of costs. Reasonable documentation such as a payroll register is acceptable. Copies of payroll checks and withholding information (payroll stubs) are acceptable when the employer has a limited number of employees. A printout of the payroll register with fringe benefit costs is preferred.

2. What form of documentation is required to document less than 200% of poverty?
   
   Form AWI SEP 0005 (C) (12/09) Request for TANF Funds/Eligibility Determination is the required document.

3. Is it necessary to maintain documentation of eligibility?
   
   Yes. Standard protocols and policies apply.

4. At what point is the employer contract signed? 
   
   The contract should be signed at the time an agreement is reached regarding positions, salaries, start date, and other essential elements.
   
   
5. By what process shall child dependency be documented?
   
   Staff should use the protocol and documentation requirements established by the Department of Children and Families.     
   
   
6. Which documents should the RWB use to determine if the employer is “legitimate”? (posted 3/11/10)
   
   The Regional Workforce Board should exercise due diligence when working with an employer interested in participating in the Fl Back to Work Program.  The Regional Workforce Board should follow its established policies and procedures as if it were working with an employer for an OJT or Incumbent Worker training opportunity.   At a minimum, the Board must verify that the employer is registered with the Florida Department of State, Division of Corporations (if incorporated), and is authorized to conduct business in Florida.  We also encourage Regional Workforce Boards to consult with their local economic development partners for guidance and assistance in determining the status of a local business.
   
   
7. What level of documentation is required for the 25% Employer Supervision and Training? (posted 3/11/10)
   
   No documentation is needed for this category. The U.S. Department of Health and Human Services will accept this as an “expense” without documentation as long as the amount does not exceed 25% of the wage costs.  If the cost for supervision and training exceeds the standard 25% allowance, documentation is required.
   
   
8. Will we require the FBTW participants to sign the grievance and release of information forms? (posted 3/11/10)
   
   Yes and No. The participant file should include the grievance documents. A release of information document is not required, but may be included at the discretion of the RWB.

    

USE OF FUNDS Q and A’s:

1. Can these funds (FBtW/TANF) be used to pay for items such as drug tests, finger prints & background checks? (amended 4/21/10)
   
   In circumstances where these items are a requirement of the employer for all new employees, Florida Back to Work funds may be used. 

2. Are employee (job) related equipment and supplies eligible for reimbursement?
   
   Yes.

3. Are costs of materials for a project, such as lumber to construct a building, eligible for reimbursement?
   
   No.

4. May a RWB use their formula TANF dollars for Back to Work and replenish them with project dollars?
   
   Yes.

5. May the RWB “advance” start-up funds to a non-profit entity?
   
   Yes.

6. Is it allowable to reimburse the employer for overtime?
   (amended 4/5/10)
   
   Overtime must be paid consistent with federal wage and hour laws.   The program can reimburse overtime up to the maximum wage rate of $19.51 per hour (an annualized wage level of $40,579) but any overtime that exceeds $19.51 per hour cannot be reimbursed.
   
   
7. If an employer pre-pays their cash portion to the RWB for more employees than are ultimately hired, does the RWB refund those dollars to the employer?
   
   It is strongly encouraged that the RWB not retain funds from the employer that are ultimately not needed to support the employer’s share of the project costs.
8. May a job that pays more than the established ceiling be partially subsidized in FBtW?
   
   Yes, but the employer will be responsible for 100% of any costs in excess of an annualized salary/wage level of $40,579.
   

9. May an employer be reimbursed for salary costs if the employee is hired prior to the project being approved?
   
   No. The project must be determined eligible for funding by AWI and the contract signed with the RWB prior to a cost being eligible for reimbursement.
   
   
10. May an employer be reimbursed for equipment such as laptop computers and cellular telephones when the employee is required to have such equipment? (posted 6/10/10)
    
    No. Provision of such items would constitute issuance of an additional employment subsidy over and above those intended.

POLICY Q and A’s:

1. What is the basis for a wage ceiling of $40,579 annually?
   
   The $40,579.00, wage ceiling is based on the Florida annual average wage for 2008, as published by the Florida Agency for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, produced in cooperation with the U.S. Department of Labor, Bureau of Labor Statistics.

2. Is the RWB required to compensate the employer for the cost of employee benefits?
   
   No. This should be established in the agreement between the RWB and the employer.

3. Will AWI establish benchmarks for the project?
   
   Although specific performance benchmarks have not been established for the program, reporting benchmarks have been identified. Please refer to the Reporting Instructions for details. 

4. Will the Workers Compensation costs be covered by the AWI?
   
   No.

5. Will the AWI issue the CFDA# with the Notice of Fund Availability?
   
   Yes.  The CFDA # for this program is 93.714.

6. At what interval will the RWB receive NFA’s?
   
   NFA’s will be released as soon as the budget and grant award from HHS are received

7. What are the consequences for a private sector employer who agrees to retain the employee after Sept 30, 2010 but does not do so?
   
   Any consequences are decided at the discretion of the RWB, and should be fully agreed upon before the employment contract is executed.

8. If the RWB finds it has “over-charged” the employer for project management costs, how shall this overage be reconciled?
   
   These charges should be returned to the employer. This issue should be addressed in the agreement between the RWB and the employer.

9. Is it required that the TANF 200% participant information (Wagner-Peyser Act (WP) and/or Workforce Investment Act) be entered and tracked in OSST (applicant for a non-WT participant) and/or Employ Florida Marketplace (EFM)?
   
   Participant eligibility, enrollment and SEP funded support services must all be recorded in OSST. The job referral is done in EFM. 
   

10. Will the FBtW subsidized employment in EFM count as a WP placement?
    
    Yes.
    
    
11. Will the job orders categorized as FBtW in EFM be calculated in the state performance (i.e., percent of job openings filled rate)?
    
    Yes.
    
    
12. Is a file required for the FBtW participant? If so, what is required to be maintained in the file?
    
    Yes. Case file documentation should include the following:  
    
    
    • For population 1-FLORIDA screen print outs (see draft reporting instructions for screens) must be included in the file to document eligibility. For populations 2 and 3, a signed eligibility form AWI SEP 0005 (c) must be retained to document eligibility;
    • The Agreement form AWI SEP 0011 must be signed and retained in all participant files;
    • Any documentation gathered to substantiate program eligibility, such as the last four weeks of income or proof of identity;
    • Verification of employment (with the SEP/FBTW employer) and;
    • Any information associated with SEP funded support service
    
    

13. Is there a required minimum liability insurance amount that a business participating in this program must carry?
    
    Yes.  HHS has provided guidance related to the expenditure of Emergency Contingency Fund Dollars in Program Instruction Number TANF-ACF-PA-2009-01 (the Guidance).  Attachment B of the Guidance, entitled “Definitions of Terms Cited in the TANF Emergency Fund Statute,” defines subsidized employment in the following fashion:
    
    There is no expenditure category called “subsidized employment” but subsidized employment activities are typically reported under the category “Work Subsidies” on TANF financial reports.  Consistent with the definition at 45 CFR 260.31(b)(2) and at 45 CFR 286.10(b)(2), work subsidies means payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training.  This is the same definition that the ACF-196 (line 6a1) uses.
    
    Furthermore, OMB Circular A-122 and OMB Circular A-87 have similar requirements related to the allowability of fringe benefits which may be found in paragraph 8. of their respective attachments entitled “Selected Items of Cost.”  Both Circulars state that expenditures for compensation for personal services, which includes “wages, salaries and fringe benefits,” are generally allowable if the compensation is reasonable, are supported by appropriate documentation.  OMB Circular A-87 imposes an additional requirement in the case of benefits provided to employees of governmental entities; benefits must also be provided in accordance with applicable laws, rules, and merit systems.
    
    Additionally, HHS guidance entitled “Work Verification Plan Guide” (the Guide) was prepared to help each State develop its TANF Work Verification Plan.  The Guide states that “Subsidized employment is distinguished from work experience, because the participant is paid wages and receives the same benefits as an employee with no subsidy who performs similar work.”  Thus, by definition, employees working through the subsidized employment programs should be treated in the same way as other employees. 
    
    Therefore, if an employer generally provides workers’ compensation benefits to its employees, the employer must provide such benefits to employees working under subsidized employment programs.  Expenditures made for the purpose of providing workers’ compensation benefits may be allowable under OMB Circulars A-87 and A-122 if the expenditures are reasonable, supported by appropriate documentation, and provided in accordance with all applicable rules, laws, and merit systems.
    
    In Florida, an employer engaged in the construction industry that employs one or more part or full time employees, or an employer in the non-construction industry that employs 4 or more part or full time employees, must have Florida workers’ compensation insurance. Employee includes: Corporate officers, and for construction industry employers, limited liability company members as defined in s. 440.02(9), F.S., sole proprietors, and partners. Corporate officers, which for construction industry employers include members of a limited liability company, are eligible to elect to be exempt from the provisions of chapter 440. (Source:  Florida Division of Workers Compensation Web site) 
    
    Workers compensation coverage must be provided to participants placed in a subsidized job if that employer is required to do so by chapter 440, F.S.  In those limited situations when chapter 440, F.S., does not require workers’ compensation coverage, it is recommended that the Regional Workforce Board require the employer to obtain either workers’ compensation or an alternative liability policy that protects the participant.  The employer's cost of the workers’ compensation or liability coverage for participants engaged in the Florida Back to Work program is an allowable expenditure that can be reimbursed by the program.               

GENERAL Q and A’s:

1. Will conference call notes be posted on the website?
   
   Questions raised during the conference calls and all other information critical to the program will be shared through the Q and A format posted on the AWI Web site (www.floridajobs.org) under the Back to Work tab.

2. Does the AWI have a primary contact for the program?
   
   Yes. Mike Lynch at 850-245-7193 or michael.lynch@flaawi.com  Sam Collins at 850-245-7494 or sam.collins@flaawi.com and Sam Arcangeli at 850-921-5268 or sam.arcangeli@flaawi.com.

3. Where can I find the “working toolkit” that Director Lorenzo referred to in her email of December 17?
   
   This refers to the information posted on the AWI website (www.floridajobs.org) under the Back to Work tab.

4. Will these positions be suppressed in EFM?
   
   This decision should be made by the RWB in concert with the employer.

5. Are these positions to be considered as “job developments” in Wagner Peyser?
   
   If the manner in which the position is filled fits the formal, legal definition, they should be so classified. They should not be classified as a job development simply by virtue of being a Florida Back to Work vacancy.

6. May a position be posted in EFM if the salary is a range based on experience?
   
   Yes, as long as the basis for the salary range is clarified in a manner consistent with established state and/or local policy.

7. Why is it not allowable to use the OJT contract for these employees?
   
   Back to Work is not an OJT program.

8. What is the maximum administrative fee a PEO may charge?
   
   The fee must be reasonable for the service provided.

9. What is the administrative process for the RWB when an employer crosses regional boundaries to hire employees?
   
   The RWB-Employer relationship should be driven by the location of the employer, not the employee.
   
   
10. If the employee is an active TCA recipient, does income from the subsidized employment impact their benefits?
    
    Yes. It is treated as earned income.
    
    
11. Can employers hire FBtW staff as “temps” and not pay benefits?
    (posted 3/11/10)
    
    Subsidized employment is participation on a job where the employer receives a subsidy and the participant is paid wages and receives the same benefits as unsubsidized employees who perform similar work. Private for profit employers are required to commit to retaining the employee whose job performance is evaluated as satisfactory using the employer’s normal personnel policies. In this situation, the employer could not hire someone as temporary staff if the normal course of business is to hire permanent staff for the position being subsidized. In the public and private not-for-profit sectors, employers with an established personnel system that includes temporary staff may choose to do that. In all cases, the employer must pay the participant the same level of benefits it would pay a person in a similar unsubsidized position (whether temporary or permanent).
    
    
12. Does EFM provide a manner in which to identify job seekers as FBtW eligible? (posted 3/11/10)
    
    Yes. Select EFM service code 640-Florida Back to Work Enrollment. (See PRI) This will identify the individual as either eligible for or enrolled in Florida Back to Work.