Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 9.00 - Training Benefits Under M.G.L. c. 151A, Section 30(c) › Section 9.02 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases shall have the following
				meanings, unless otherwise clearly indicated by the context of
				430 CMR 9.00:
A.B.E. (Adult Basic Education)
:
				Academic training in basic literacy and numeracy skills. Such training may be
				geared at the primary or secondary school level, and may include preparation
				for a high school equivalency diploma or certificate.
(ADA) Americans with Disabilities Act
:
				A law passed by Congress in 1990, as amended, which establishes certain rights
				for qualified individuals with disabilities.
Application Period
: The application
				period is a period of time within which an individual may apply for training
				and benefits under M.G.L. c. 151A, § 30(c). The 20-week application period
				commences with the week the first payment is issued to a claimant, and
				continues for each week payment is issued thereafter unless the period is
				tolled by regulation or waived for good cause under
				430 CMR
				9.05. If a determination denying regular
				benefits under M.G.L. c. 151A, §§ 39, 41 or 42 is reversed and
				regular benefits are awarded, however, the application period begins the week
				after the notice of such reversal is sent to the claimant. The claimant shall
				not be barred from applying for and commencing training, even if the benefit
				year has expired, so long as the claimant applies for training within 21 weeks
				of the notice of reversal and commences training with the first available
				program.
Approvable Training
: A training
				program not yet approved by the Director for the purposes of M.G.L. c. 151A,
				§ 30(c) but in the sole discretion of the Director, meets the standards of
				M.G.L. c. 151A, § 30(c), and
				430
				CMR 9.04(2). No program
				shall be denied solely because it is conducted in another state.
Approved Training
: A training program
				approved by the Director for purposes of M.G.L. 151A, § 30(c).
Basic Skills
: Courses offering A.B.E.,
				E.S.O.L., or high school equivalent diploma or certificate preparation, either
				individually or in combination.
Certificate Program
: A vocational
				program, generally offered at the post-secondary level, but not necessarily by
				a post-secondary educational institution, designed to teach an individual the
				knowledge and skills necessary to become employed in the occupation of study,
				and that offers a certificate upon successful completion, but that does not
				confer an academic degree.
Claimant
: Any individual who has filed
				a claim for unemployment benefits pursuant to M.G.L. c. 151A.
Classroom Training
: Supervised
				training of the type normally conducted in an institutional setting, but not
				necessarily in a classroom, including vocational and industrial
				education.
Declining Occupation
: An occupation or
				job type within the claimant's work search area that the Director has
				determined has a demonstrated pattern of reduced employment or is suffering an
				immediate and significant reduction in employment.
Demand Occupation
: An occupation for
				which work opportunities are presently available, or future growth is
				anticipated, as determined by the Department.
Department
: The Department of
				Unemployment Assistance (DUA) within the Executive Office of Labor and
				Workforce Development.
Director
: The Director of the
				Department of Unemployment Assistance.
Disability
: A physical or mental
				impairment as defined in the ADA,
				42 U.S.C. §
									12102, and accompanying regulations.
DUA
: The Department of Unemployment
				Assistance within the Executive Office of Labor and Workforce
				Development.
E.S.O.L.
(English for Speakers of
				Other Languages): A course given to teach basic English literacy skills to
				non-English speaking persons.
File
: Applications filed by U.S. mail
				shall be deemed filed on the date contained in the U.S. postal cancellation
				stamp or U.S. postmark, and not the date contained on a postal meter stamp.
				Applications filed by Electronic Medium shall be deemed filed on the date
				received by DUA. Applications filed by all other means shall be considered
				hand-delivered, and shall be deemed filed on the date received by DUA during
				usual business hours. Applications filed by any means other than Electronic
				Medium received after usual business hours shall be deemed filed on the
				following business day.
High School Equivalency
: A program,
				overseen by the Massachusetts Department of Elementary and Secondary
				Education's High School Equivalency Office, designed to provide an individual
				with a high school equivalency credential.
Pilot or Demonstration Project
: A
				project sponsored or funded by the federal, state or municipal government, that
				provides basic or work skills training and is designed to test new methods of
				training or skills development.
Qualified Individual with a
				Disability
: Under the ADA, "an individual with a disability who,
				with or without reasonable modifications to rules, policies, or practices, the
				removal of architectural, communication, or transportation barriers, or the
				provision of auxiliary aids and services, meets the essential eligibility
				requirements for the receipt of services or the participation in programs or
				activities provided by a public entity."
				28
				CFR 35.104.
Suitable Employment
: Employment which
				is determined by the Director to be suitable, taking into consideration whether
				the employment is detrimental to the health, safety or morals of an employee,
				is one for which he or she is reasonably fitted by training and experience,
				including employment not subject to M.G.L. c. 151A, is one which is located
				within reasonable distance of his or her residence or place of last employment,
				is one which does not involve travel expenses substantially greater than that
				required in his or her former work, and which reasonably accommodates the
				individual's need to address the physical, psychological and legal effects of
				domestic violence. No work shall be deemed suitable under the provisions of
				M.G.L. c. 151A, § 25(c) if the position offered is vacant due directly to
				a strike, lockout or other labor dispute; if the remuneration, hours or other
				conditions of the work offered are substantially less favorable to the
				individual than those prevailing for similar work in the locality; or if the
				acceptance of such work would require the individual to join a company union or
				would abridge or limit his or her right to join or retain membership in any
bona fide
labor organization or association of working
				people.
Toll
: Pausing, delaying or suspending
				the time allowed for the 20-week application period.
Training Program
: A program or course,
				guided by an instructor or teacher, that offers participants a structured
				course consisting of one or more sequential or simultaneous classes, training
				sessions including, but not limited to, on-the-job training, subjects designed
				to provide a specified skill or ability, or a certificate or degree. A training
				program may combine basic skills, for example, E.S.O.L., high school
				equivalency, or A.B.E. preparation, with a vocational training component. The
				curriculum may be academic, technical, trade or other preparation for gainful
				employment in a recognized occupation, including applicable apprentice and
				on-the-job training programs.
Training Related Employment
:
				Employment in the field or job-type for which the training was intended to
				prepare participants.
WIOA (Workforce Innovation and Opportunity
				Act)
: A law enacted in 2014 to supersede the Workforce Investment
				Act of 1998 and amend the Adult Education and Family Literacy Act, the
				Wagner-Peyser Act, and the Rehabilitation Act of 1973. WIOA was designed to
				help job seekers access employment, education, training and support services
				needed to succeed in the labor market and to match employers with the skilled
				workers they need to compete in the global economy.
Work Search Area
: One or more
				economically integrated geographic units within reasonable traveling distance
				for job seeking and commuting.