Section R6-10-106. Temporary Deferrals

A.      Jobs shall determine whether to temporarily defer a participant from engaging in work activities under A.R.S. § 46-299(A) and this Section.

B.       Jobs shall defer a participant with a temporary or permanent disability. A participant with a temporary or permanent dis- ability may opt to participate and receive reasonable accom- modation to facilitate participation, and Jobs shall not impose a sanction if the participant is then subsequently unable to par- ticipate due to the disability.

C.      For the purposes of this Section:

1.        “Disability” means a physical or mental impairment that substantially limits one or more major life activities, and includes being mentally, physically, or functionally inca- pable of participating in work activities.

2.        “Permanent disability” means a disability under subsec- tion (1) that is expected to last for the life of the individ- ual.

3.        “Temporary disability” means a disability under subsec- tion (1) that is not expected to last for the life of the indi- vidual.

D.      Jobs shall obtain verification of a temporary or permanent dis- ability from a participant according to the terms of subsection

(J) from any of the following:

1.        A health care professional;

2.        A vocational rehabilitation specialist; or

3.        The district medical consultant.

E.       Jobs shall temporarily defer a participant from work activities if the participant or the participant’s child is a victim of domes- tic violence.

1.        Jobs shall grant a temporary deferral for domestic vio- lence if:

a.         Participation in Jobs threatens the safety of or, in the perception of the participant, causes an immediate threat of physical, mental, or emotional harm to the participant, the participant’s child, or any child liv- ing with the participant; or

b.        Due to domestic violence, the participant has been physically or emotionally harmed to such an extent that the participant is incapable of participation in Jobs.

2.        Jobs shall provide a participant who is a victim of domes- tic violence with:

a.         A deferral from Program requirements, under A.R.S.

§ 46-244 and R6-10-121, for a period of time that will enable the participant to safely participate in work activities. The maximum deferral period is 6 months. Jobs may grant additional deferrals consis- tent with A.R.S. § 46-299; and

b.        A referral to appropriate and available services.

F.       Jobs shall temporarily defer a participant who needs to be present to care for a dependent who has a disability if no other member of the household is available or suitable to provide the care. The participant shall provide a statement, obtained from an individual listed in subsection (D), regarding the depen- dent’s disability within 15 days of the date on the deferral request. The Department may grant an extension if the partici- pant has requested a statement from a health care professional and is unable to obtain the statement within 15 days.

G.      Jobs shall temporarily defer a participant who is an unmarried custodial parent less than age 18 and personally caring for a child less than 12 weeks of age.

H.      Jobs shall temporarily defer a participant who is a parent, rela- tive, or caretaker personally caring for a child less than one year of age, for no more than 12 months in the participant’s lifetime, unless the participant is a teenaged custodial parent who does not have a high school diploma or GED.

I.        Jobs shall temporarily defer only one parent at a time in a TPEP family. Jobs shall temporarily defer a TPEP parent, if the TPEP parent:

1.        Is personally caring for the TPEP parent’s child who is less than one year of age, unless the TPEP parent is a teenaged custodial parent who does not have a high school diploma or GED;

2.        Is an unmarried teen custodial parent less than 18 years of age who is personally caring for a child less than 12 weeks of age;

3.        Is personally caring for a member of the family, who is not the other TPEP parent, who has a disability, as veri- fied by a health care professional, and no other member

of the household is available or suitable to provide the care; or

4.        Has an illness that is expected to last less than 30 days, as verified by a health care professional.

J.        Jobs shall request that a participant substantiate the partici- pant’s claim of inability to participate in work activities due to a circumstance established under this Section, and shall assist the participant as necessary to obtain the verification. Unless otherwise stated, the following are examples of acceptable verification:

1.        Physician or other health care professional statement;

2.        Vocational Rehabilitation (VR) consultation report, if a physician or health care professional statement does not contain conclusive information and the participant claims a disability;

3.        Police report;

4.        Court or medical records;

5.        Newspaper article, or similar evidence of public knowl- edge;

6.        Statement from crisis shelter staff or witness to domestic violence;

7.        Statement from DES Child Protective Services;

8.        Statement from a third party; or

9.        Statement signed by the participant if no other verifica- tion is available.

K.      Jobs shall determine the length of time that a participant is temporarily deferred based on the information provided under this Section.

Historical Note

Adopted effective January 10, 1977 (Supp. 77-1).

Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4).