Employment and Training Contractor Staff 

To provide guidance and procedures for employment and training (E&T) activities throughout the Governor’s Plan to Reopen Pennsylvania. 

 The Bureau of Employment Programs (BEP) previously provided guidance in CONTRACTOR LETTER #2020-03-16. All 67 counties in Pennsylvania have been under a Stay at Home Order (red phase of the Phased Reopening Plan) since March 31, 2020. On May 8, 2020, the Governor transitioned some counties into the yellow phase of the Reopening plan. Other counties remain in the red phase. For additional information regarding the phased reopening plan visit: https://www.pa.gov/guides/responding-to-covid-19/#PhasedReopening. 

During the Red Phase, participants have been completing remote activities to the extent possible with the guidance of E&T providers. Current participants who are unable to participate remotely have been able to maintain their benefits during this time. Additionally, no new enrollments have taken place in E&T programs. With the reopening of areas under the yellow phase and subsequent green phase, additional guidance and expectations must be communicated to ensure that E&T providers and participants understand the new expectations. 

Excused Absences and Good Cause Policy 

Under E&T procedures established before COVID-19, individuals engaged in unpaid work activities may get participation credit for excused absences for up to 80 hours in a 12-month period, but no more than 16 hours per month. This does not include the 10 countable holidays (New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday/Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day). 

An individual mandatory to participate in RESET may be unable to participate in some of the required hours even if the individual is not exempt. As a reminder, good cause may be granted during the COVID-19 crisis for numerous reasons, but not limited to: 

• Provider challenges in offering remote activities (GC 87) 
• Lack of access to technology needed for remote participation (GC 87) 
• Inability to participate due to lack of childcare (caring for a child whose school or daycare is closed due to the pandemic) (GC 56 or 57 as appropriate) 
• Needing to care for themselves or family members in the event of sickness or exposure to COVID-19 (GC 53) 

Upon receipt from the CAO, please review the Agreement of Mutual Responsibility (AMR) to check participation hours and to see if good cause has been granted for any reason. 

Discussion 

During the COVID-19 crisis, BEP wants to ensure the most up-to-date guidance is provided regarding excused absences, remote engagement, the CAO’s usage of good cause, and the treatment of new enrollments. This guidance is fluid and dependent upon the orders of the Governor and his oversight of Pennsylvania’s response to COVID-19. 

Red Phase Locations 

As areas remain in or return to the “red phase” they will be subject to all provisions in this section. 

• New Referrals and Enrollments — Counties in the red phase remain under a stay-at-home order. Providers within the red phase will receive no new referrals until they move into the yellow phase as determined by the Governor. 
  Exceptions will be granted for reverse referrals. They may be processed for KEYS, SNAP 50/50, and Family Works applications for ELECT. These contracted programs may continue to submit reverse referrals to the CAO as long as they can perform intake procedures remotely and the individual already has the ability to participate remotely. 
• Current Enrollments — Individuals currently enrolled with E&T providers within counties subject to red phase requirements will remain enrolled with that E&T provider and continue to receive remote case management, job development, and participate in remote activities to the fullest extent possible. Participants should be informed that childcare may still be available if they are currently an essential worker or obtain work in an essential role. 
  Participants will not be sanctioned for reduced participation or inability to participate related to COVID-19. Good cause will remain in effect as needed. 

Yellow Phase of Reopening

As areas transition into the yellow phase of reopening, they will be subject to all provisions in this section. In accordance with the Governor’s directives, precautions are still necessary to ensure the spread of the disease remains at a minimum. Consequently, schools may still be closed; child care and public transportation may still be limited; physical locations of some providers may remain closed, even if permitted to open; and some participants may continue to have limited or no access to technology needed to participate remotely. 

• New Referrals and Enrollments — In light of the fact that on-going COVID-19 precautions will remain in place, the CAOs will be evaluating or re-evaluating good cause for each individual before referring the individual to an E&T program or requiring the individual to participate or fully participate in E&T activities if already enrolled in a program. 
  E&T providers in areas that enter the yellow phase must accept new electronic referrals, provide remote enrollments for E&T programming, and engage these new participants in remote activities to the extent they are able to engage in such activities. CAOs in these areas will also be transitioning individuals who were receiving good cause into remote programming as their good cause time expires or at benefit renewal whichever comes first. Programs will be responsible to conduct new enrollments and services remotely. E&T providers will contact new enrollments upon receipt of the CAO’s referral.
  For providers who intend to have any in-person intake/orientation during the Yellow Phase, they must follow the protocols established by their facility or PA CareerLink®. Participants may be scheduled for one-on-one meetings of no more than two hours in length. Because of childcare constraints, participants are permitted to bring their children. They must, however, practice appropriate social distancing and wear masks, when appropriate. After this initial meeting, participants will be required to complete remote activities. They may not continue to return to the facility to obtain their participation hours.
  Reverse referrals will continue to be processed for KEYS, SNAP 50/50, and Family Works applications for ELECT. These contracted programs may continue to submit reverse referrals to the CAO if they can perform intake procedures remotely and the individual already has the ability to participate remotely. 
• Current Enrollments — Individuals currently enrolled and participating will continue to receive remote case management, job development, and participate in remote activities to the fullest extent possible. Those who have not been able to participate or fully participate will be re-evaluated for good cause. 
  After an area has moved into the yellow phase, E&T providers will perform outreach to individuals who have not engaged in remote participation at all in the prior 14 days Individuals who do not respond to outreach should be logged and discussed with CAO representatives at DST meetings. The E&T provider will terminate the individual from the program only when consensus is reached by the E&T provider and CAO representatives. 
  In the yellow phase, no new sanction or penalty will be implemented.