In Colorado, work experience, internships, externships are approved training only if the work activity is a requirement for award of the credential. There are no exceptions. Usually, this is unpaid work, but if the worker is paid, the wages may affect UI/TRA. There are instances in which TAA-approved OJT includes some classroom work; we do not read the regulations to permit an internship--paid or not--that is associated with TAA-approved classroom training to be considered OJT. Also, the 2002 Act defines a new (for TAA) category--"customized training"--as training conducted at a firm, but under contract between the State and outside vendor. The worker is not employed by the firm in which the training is conducted, Therefore, UI/TRA is payable to workers engaged in this kind of training. Thanks, Elise Lowe-Vaughn, Operations Director Workforce Programs Colorado Department of Labor and Employment 1515 Arapahoe St., T2-400 Denver, CO 80202 phone # 303-318-8807 fax # 303-318-8931 _____ From: wiaattorneys-bounce@xxxxxxxxxxxxx [mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Jordan, Sam Sent: Tuesday, April 12, 2005 10:51 AM To: jpomerantz@xxxxxxxxxxx; wiaattorneys@xxxxxxxxxxxxx Cc: Sauder, Lisa M. (GC-LI) Subject: [wiaattorneys] Re: Trade Act training Question We had the following situation in one of our areas a while back ....................... Subject: TAA/Work Experience Okay, I have a good scenario for you: We have a client who is TAA/WIA approved. He has exhausted his initial UI money and is on a waiver now receiving TRA money and benefits. He is on the fence about receiving TAA approved training because he wants to continue his education but feels like he may not be able to afford it. So, his Workforce Specialist talked with him about a Work Experience program that we have. He would go on the job to gain work experience for up to 12 weeks with a company. He would be paid out of WIA money at $7.50 an hour, with no taxes, for the time he is on the job. We understand that he would have to show income but - is at Work Experience considered a TAA approved training? This would allow him to keep his benefits under TRA and earn some income while training and gaining valuable work experience. I know he needs to make the best decision for himself and his family and the decision lies with him but he doesn't want to be without his benefits in case the job doesn't turn into permanent employment or he has a hard time finding a job after the 12 week Work Experience is over. I would like to get a clarification on this for future reference and so we can inform our TAA representative. The ESC TAA rep is currently telling clients NOT to take Work Experience opportunities because it will mess up their benefits. .....................and this is what our regional DOL staff told us. (1) The client cannot draw TRA while he is on work experience. The $7.50 would have to be reported. When the work experience ends, the client can go back on TRA benefits for "lack of work". (2) He will not be eligible for HCTC (health care tax credit benefits). (3) He will be eligible to apply for TAA training at the end of the work experience but the weeks that he has already drawn on TRA will be deducted. (4) The work experience would not be considered "TAA Approved Training". "TAA Approved Training" is provided at "no cost" to the client. (5) His status as to being on a waiver would be revoked, therefore, he would "not" have to look for work while he is on work experience. Hope some of the above helps. Samuel "Sam" R. Jordan, Director State Workforce Investment Administrative Department (SWIAD) South Carolina Employment Security Commission P. O. Box 1406 Columbia, South Carolina 29202 Telephone (803) 737-2611 Cell (803) 463-9266 Fax (803) 737-2119 -----Original Message----- From: wiaattorneys-bounce@xxxxxxxxxxxxx [mailto:wiaattorneys-bounce@xxxxxxxxxxxxx]On Behalf Of Pomerantz, Jane C. (GC-LI) Sent: Tuesday, April 12, 2005 11:12 AM To: wiaattorneys@xxxxxxxxxxxxx Cc: Sauder, Lisa M. (GC-LI) Subject: [wiaattorneys] Trade Act training Question Have any of you who are involved with Trade Act dealt with the following issue? We are getting questions, from the field relating to individuals in TAA approved training programs that include periods of time of paid "work experience" embedded in the training. Are these claimants eligible for UC and/or TRA during these weeks of paid work experience? Is this part of the "training" or "other scheduled activities", or would these individuals be ineligible for these weeks (even if only working a limited number of hours) for the week under the prohibition of payments while on OJT? Do you see any other issues and solutions? Thanks JP Jane C. Pomerantz Deputy Chief Counsel Department of Labor & Industry Phone: 717-787-4186 Fax: 717-787-1303 Wisdom is knowing the right road to take. Integrity is taking it.