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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 256J

Section 256J.49

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Recent History

256J.49 EMPLOYMENT AND TRAINING SERVICES; DEFINITIONS.
    Subdivision 1. Scope. The terms used in sections 256J.50 to 256J.72 have the meanings
given them in this section.
    Subd. 1a.[Repealed, 1Sp2003 c 14 art 1 s 107]
    Subd. 2.[Repealed, 1Sp2003 c 14 art 1 s 107]
    Subd. 3. Employment and training services. "Employment and training services" means
programs, activities and services that are designed to assist participants in obtaining and retaining
employment.
    Subd. 4. Employment and training service provider. "Employment and training service
provider" means:
(1) a public, private, or nonprofit agency with which a county has contracted to provide
employment and training services and which is included in the county's service agreement
submitted under section 256J.626, subdivision 4; or
(2) a county agency, if the county has opted to provide employment and training services
and the county has indicated that fact in the service agreement submitted under section 256J.626,
subdivision 4
.
Notwithstanding section 116L.871, an employment and training services provider meeting
this definition may deliver employment and training services under this chapter.
    Subd. 5. Employment plan. "Employment plan" means a plan developed by the job
counselor and the participant which identifies the participant's most direct path to unsubsidized
employment, lists the specific steps that the caregiver will take on that path, and includes a
timetable for the completion of each step. The plan should also identify any subsequent steps
that support long-term economic stability. For participants who request and qualify for a family
violence waiver, an employment plan must be developed by the job counselor and the participant,
and in consultation with a person trained in domestic violence and follow the employment plan
provisions in section 256J.521, subdivision 3.
    Subd. 6.[Repealed, 1Sp2003 c 14 art 1 s 107]
    Subd. 6a. Functional work literacy. "Functional work literacy" means an intensive English
as a second language program that is work focused and offers at least 20 hours of class time
per week.
    Subd. 7.[Repealed, 1Sp2003 c 14 art 1 s 107]
    Subd. 8. Job counselor. "Job counselor" means a staff person employed by or under contract
with the employment and training services provider who delivers services as specified in sections
256J.50 to 256J.55.
    Subd. 9. Participant. "Participant" means a recipient of MFIP assistance who participates
or is required to participate in employment and training services under sections 256J.515 to
256J.57 and 256J.95.
    Subd. 10. Provider. "Provider" means an employment and training service provider.
    Subd. 11.[Repealed, 1Sp2001 c 9 art 10 s 67]
    Subd. 12. Suitable employment. "Suitable employment" means employment that:
(1) is within the participant's physical and mental abilities;
(2) pays hourly gross wages of not less than the applicable state or federal minimum wage;
(3) meets health and safety standards set by federal, state and county agencies; and
(4) complies with federal, state, and local antidiscrimination laws.
    Subd. 12a. Supported work. "Supported work" means a subsidized or unsubsidized work
experience placement with a public or private sector employer, which may include services such
as individualized supervision and job coaching to support the participant on the job.
    Subd. 13. Work activity. "Work activity" means any activity in a participant's approved
employment plan that leads to employment. For purposes of the MFIP program, this includes
activities that meet the definition of work activity under the participation requirements of TANF.
Work activity includes:
    (1) unsubsidized employment, including work study and paid apprenticeships or internships;
    (2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66, the
self-employment investment demonstration program (SEID) as specified in section 256J.65, paid
work experience, and supported work when a wage subsidy is provided;
    (3) unpaid work experience, including community service, volunteer work, the community
work experience program as specified in section 256J.67, unpaid apprenticeships or internships,
and supported work when a wage subsidy is not provided. Unpaid work experience is only an
option if the participant has been unable to obtain or maintain paid employment in the competitive
labor market, and no paid work experience programs are available to the participant. Unless a
participant consents to participating in unpaid work experience, the participant's employment
plan may only include unpaid work experience if including the unpaid work experience in the
plan will meet the following criteria:
    (i) the unpaid work experience will provide the participant specific skills or experience
that cannot be obtained through other work activity options where the participant resides or is
willing to reside; and
    (ii) the skills or experience gained through the unpaid work experience will result in higher
wages for the participant than the participant could earn without the unpaid work experience;
    (4) job search including job readiness assistance, job clubs, job placement, job-related
counseling, and job retention services;
    (5) job readiness education, including English as a second language (ESL) or functional
work literacy classes as limited by the provisions of section 256J.531, subdivision 2, general
educational development (GED) course work, high school completion, and adult basic education
as limited by the provisions of section 256J.531, subdivision 1;
    (6) job skills training directly related to employment, including education and training that
can reasonably be expected to lead to employment, as limited by the provisions of section 256J.53;
    (7) providing child care services to a participant who is working in a community service
program;
    (8) activities included in the employment plan that is developed under section 256J.521,
subdivision 3
; and
    (9) preemployment activities including chemical and mental health assessments, treatment,
and services; learning disabilities services; child protective services; family stabilization services;
or other programs designed to enhance employability.
History: 1997 c 85 art 1 s 39; 1997 c 200 art 6 s 1 1998 c 407 art 6 s 90; 2000 c 488 art 10 s
16; 1Sp2001 c 9 art 10 s 35-37,66; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 1 s 65-70; 2004 c
206 s 52; 2004 c 288 art 4 s 44; 2007 c 147 art 2 s 32