Employment Plan

Effective: January 11, 2021

Applicants and recipients with employment-related obligations must have an EP, when required by the Minister, to be eligible for assistance. An EP is required for each member of a family unit who has employment-related obligations, unless temporarily exempt.  [see Policy – Temporarily Exempting or Suspending an Employment Plan. See also Related Links – Determining Clients with No Employment Obligations]. 

Clients participating in full-time training through the Single Parent Employment Initiative must have the training program clearly identified in their EP to remain eligible for income assistance.

Recipients under 19 years of age are required to have an EP that focuses first on high school completion. 

The decision of the ministry to require a client with employment-related obligations to enter into an EP cannot be appealed to a tribunal; however, it may be subject to ministry reconsideration.

Clients with No Employment-Related Obligations

Ministry clients who do not have employment-related obligations, i.e., those who fall under one or more of the groups identified in EA Regulation, Section 29 (4) or EAPWD Regulation, Section 25 (4), are not required to enter into EPs. [see Related Links – Determining Clients with No Employment Obligations]

Clients without employment-related obligations, including PPMB’s and PWD’s, may complete voluntary participation activities.  [see Related Links – Voluntary Participation Plan for information on employability planning tools for clients who have no employment-related obligations]

Effective: January 11, 2021

The EP is the legal document that clients with employment-related obligations must have, when required by the Minister. Because the EP is a legal document, EPs and all amended EPs must be signed by the client and placed on the client file. 

An EP is developed for each member of a family unit who has employment-related obligations. 

Clients must be advised at application of the requirement to have an EP and must agree to enter into a plan.

Note: In some circumstances, a client with employment-related obligations may be temporarily exempt from entering into an Employment Plan [see Policy – Temporarily Exempting or Suspending an Employment Plan].

Clients with employment-related obligations, unless temporarily exempt, who do not agree to enter into an EP or who do not comply with its conditions are not eligible for assistance.  Where one member of a family unit is non-compliant with the conditions of their EP, the entire family unit is ineligible.  If a client fails to sign an amended EP, they are ineligible for assistance. 

The ministry can identify clients with employment-related obligations who do not have an active EP.

[For procedures when client refuses to sign an Employment Plan, see Procedures.]

Effective: January 11, 2021

Circumstances for Temporarily Exempting an Employment Plan (EP)

In some circumstances, a client may be temporarily exempt from entering into an Employment Plan.

Factors to consider when temporarily exempting a client from the requirement to have an EP include:
 

• a client who meets the Expected to Work – Medical Condition (ETW-MC) criteria
• intend to apply for Persons with Persistent Multiple Barriers (PPMB) or Persons with Disabilities (PWD) within six months
• the client is not able to attend programs, even with accommodations, due to a health condition; or
• the client has other barriers that, in the Minister’s opinion, impede the client’s ability to search for work or participate in employment programs.

Staff must consider the ability of the client to understand, commit to and reasonably carry out the terms and conditions of the EP as well as the person’s ability to conduct a job search and participate in programs.

EP exemptions will be made on a case-by-case basis using information from a variety of sources including, but not limited to:
 

• the client;
• the service provider;
• a medical report; or,
• observed client behaviour.

The Employment and Assistance Worker (EAW) makes the decision to temporarily exempt the EP and determines the date of the next review, which is not to exceed two years. Clients temporarily exempt from entering into an EP should be encouraged to access WorkBC Employment Services in their local community, when appropriate. 

Clients who are temporarily exempt from the requirement to have an EP are excluded from EP sanctions. Given the client's circumstances, as noted above, it is unlikely that these clients will be able to be engaged in activities that will help them meet employment obligations identified in S.13 (1) of the Employment and Assistance Act. Therefore, any sanctions for failure to meet employment obligations are not likely to apply. 

[For more information on how to exempt from entering into an EP, see Procedures – Procedures for Temporarily Exempting or Suspending an Employment Plan.] 

Access to WorkBC Employment Services (ES)

Clients who are temporarily exempt from the requirement to enter into an EP may self-refer and be accepted into WorkBC ES. When a program referral is sent to the ministry from WorkBC ES, the ministry must assess whether the client still meets the exemption criteria. If the client stills meets the exemption criteria, an EP is not required. If they no longer meet the exemption criteria due to a change in circumstances prior to the end date of their exemption, they will be required to enter into a WorkBC ES EP.

Review of Circumstances at Exemption End Date

A recipient’s circumstances must be reviewed in the month leading up to the exemption end date. After the review, the exemption can be extended for up to two years, or the recipient is assessed as being required to enter into an EP.

Temporary Medical, Drug and Alcohol or Mental Health Conditions 

To determine if a client has a temporary medical, drug or alcohol or mental health condition that interferes with employment, an EAW must assess on a case by case basis. The Medical Report (HR3069) can be used where necessary to help the EAW with the assessment. If sufficient information regarding a client’s circumstances already exists on a client’s file, the HR3069 may not be required.  

Where the client has a drug or alcohol or mental health condition and does not have a medical practitioner, other professionals who are familiar with the client’s condition may be contacted for information (e.g., health professionals, drug or alcohol counsellors, addictions counsellors, mental health workers, intake workers, street nurses, or substance intervention workers). Staff can use the questions on the HR3069 as a guideline but should not provide the form for completion by anyone other than a medical practitioner. Note: There needs to be an open EA Case so the fee for completing the HR3069 can be billed through Medical Services Plan (MSP).

Medical Report – Employability HR3069

The Medical Report – Employability (HR3069) [see Forms and Letters] is a standardized form used as an additional tool for staff to:
 

• Verify a client’s condition and its expected duration
• Determine the impact of a client’s condition on their ability to participate in various types of employment or employment-related activities
• Assist workers to determine if the client is exempt from entering into an EP as an Expected to Work – Medical Condition (ETW-MC) client
• Determine the type of activities appropriate for the Employment Plan, if required to enter into an EP

Completion of Medical Report – Employability (HR3069)

The HR3069 is designed for use only by a medical practitioner who is aware of the client’s condition and the nature of their treatment. 

Clients are to be instructed to return the completed HR3069 within thirty (30) days of receiving it. 

Payment for completion of the Medical Report is made through the Medical Services Plan (MSP) billing and payment system.

Documentation Requirements

Information from the HR3069 or other professionals (if applicable) must be documented including:
 

• Duration of condition
• Impact of condition on client’s employability
• Comments related to Primary and Secondary condition
• Documentation type
• Any other factors which may impact employment planning

Suspension of an EP

The EP may be suspended for up to 30 days by an EAW if:
 

• A recipient’s status temporarily changes to meet the Expected to Work – Medical Condition (ETW-MC) criteria
• A recipient’s status temporarily changes to one of the categories identified in EA Regulation Section 29 (4), or EAPWD Regulation Section 25 (4) (“no employment-related obligations” or NEO categories)
• The client has temporary mitigating circumstances preventing them from meeting the conditions of their EP.

The EAW may extend the 30-day suspension twice, for a maximum suspension period of 90 days.

Where a recipient’s status changes to a NEO category, an EP may only be suspended for the temporary period that a client does not have employment-related obligations, and only if the period is likely to be less than three months. 

During the time an EP is suspended, ministry staff will suspend the application of sanctions for non-compliance. 

If this period is likely to be more than three months, ministry staff will close the EP and may enter into a VPP with the client.  [see Related Links – Voluntary Participation Plan.]

Once a client’s end date for having no employment-related obligations is reached, ministry staff must replace the suspended EP with a new one, unless the client is assessed as meeting criteria for a temporary exemption.  Sanctions for non-compliance will apply to a client’s new EP.

If during a suspension, the client becomes designated as a PWD, ministry staff must close the EP and either enter into a VPP with the client, or have no plan at all. 

[For more information on EP activities, and on legitimate mitigating circumstances, see Resources for Staff – Employment Plan Standards.]

Effective: January 11, 2021

EPs will focus on outlining the necessary steps to employment and addressing any identified barriers. 

Activities entered on the EP must not duplicate employment obligations covered under Section 13 of the Employment and Assistance Act. Clients must submit a Work Search Activity Record (HR0077) or equivalent monthly, or as otherwise directed by the ministry, to demonstrate their work search efforts. 

Sanctions for non-compliance with employment-related obligations are different from sanctions for non-compliance with conditions of an employment plan.  [see Related Links – Sanctions for more information]  

EPs at Application  

An EP must be completed immediately after the application for assistance has been approved for all clients with employment-related obligations.  This includes applications for hardship assistance, except for applications for Immediate Needs – Work Search Required.  Staff must ensure that clients understand the conditions of the EP, and that complying with the provisions of the EP is a condition of eligibility.

[For persons released from correctional institutions, see Related Links – Immediate Needs – Work Search Required – Policy – Special Circumstances.] 

EPs Following Application

In some circumstances, EPs will not be completed immediately after the application for assistance has been approved. For example, remote applications, urgent needs that prevent immediately developing an EP (e.g., sick child who needs medication), cases of extreme distress (e.g., facing imminent eviction), situations where the client has been assessed as temporarily exempt from the requirement to enter into an EP etc. Where clients do not attend the scheduled appointment or complete their EP within one week of the application approval date, their cheque must be immediately signalled. 

A valid, signed EP, when required by the Minister, is a condition of eligibility, and MUST be in place for every client with employment-related obligations, unless temporarily exempt (see Policy – Temporarily Exempting or Suspending an Employment Plan).

EP Amendments

The EP is a legal document, and any changes to the conditions of the EP are considered an amendment.  The most recently approved EP amendment must be considered the active document, which the client must follow. The EP and each subsequent EP amendment must be signed by the client and placed on the client's file. All amendments are retained on the system as historical records. 

Whenever an EP is amended, the client must sign the amendment.  In situations where an immediate signature is not practical, alternate arrangements can be made by ministry staff to obtain the client's signature in a timely manner. If a client refuses to enter into an amended employment plan, they are ineligible for assistance. 

EP Reviews

Clients with employment-related obligations, unless temporarily exempt, must have an active EP and they must comply with the conditions of that EP. 

In some circumstances, a client with employment-related obligations may be temporarily exempt from entering into an EP [see Policy – Temporarily Exempting or Suspending an Employment Plan]

Active EPs are reviewed and updated on regular basis to assist clients in achieving independence, and to ensure compliance with and reporting of required activities. Clients who do not comply with their EP may become ineligible for assistance.

Employment Plan Standards

The ministry uses the following standards to implement policy concerning minimum EP review requirements and compliance.

• Mandatory minimum review requirements and time frames
• Client reporting requirements
• Review procedures for employment programs
• Procedures and standards for assessing compliance:  This section includes assessing and verifying the legitimacy of mitigating circumstances for non-compliance
• Procedures and standards for applying sanctions for non-compliance.  This section includes the requirement to close the files for the family unit.  (Note: If a sanctioned client reapplies, they must complete a new application and meet all eligibility requirements including the work search requirement prior to application.)
• Procedures and standards for developing EPs for clients with barriers

Employment-Related Programs/Services (Excludes Supervised Independent Work Search)

Clients may be referred for participation in employment-related programs/services, including services provided through WorkBC Employment Services (ES).

Indigenous clients who are referred to employment-related programs/services may choose to access services through either WorkBC, an Indigenous Skills and Employment Training Strategy (ISETS) program, or both.

[See Related Links - Non-Ministry Funded Employment Programs & Services]

Employment service providers assist clients in developing a plan and obtaining necessary skills to attain sustainable employment.

Supervised Independent Work Search

The ministry is committed to helping clients achieve sustainable employment as soon as possible.  Some clients with a recent demonstrated work history, job-search skills and high levels of personal motivation may not require the support of a contracted employment-related program.  For these clients, Supervised Independent Work Search (SIWS) may be appropriate.

Employability Considerations for Clients

The ministry expects employable clients to search for, accept and continue in employment. However, the ministry recognizes that some clients may have barriers or unique challenges that should be considered when determining an appropriate EP or whether a client should be temporarily exempt from having an EP. [For persons exempt from entering into an EP, see Policy – Temporarily Exempting or Suspending an Employment Plan.] 

Employability considerations for individual clients can be defined as:
 

• Thought and deliberation given to an individual’s ability to work on a continuum from currently unable to, able with modifications, to fully employable
• Taking into account an individual’s aptitude, capabilities, skills, barriers to employability and any interfering condition
• Determining the capacity of an individual to work in particular and/or specific types of work
• Ensuring the EP is tailored to support the identified considerations and drive towards realistic/suitable work that will lead to independence

It is the client’s responsibility to provide information regarding any circumstances that interfere with their ability to search for, accept or continue in employment. 

Effective: January 11, 2021

Unless temporarily exempt, information in the Medical Report – Employability (HR3069) may be used to determine which employment-related activities or programs may be appropriate for the client [see Forms and Letters].

Activities specified in an Employment Plan (EP) must be oriented to employment or improving employability. 

Activities specified in an EP must be oriented to employment or improving employability. 

It is important that the barriers identified are addressed through specific activities on the EP to ensure the client’s movement towards increased employability.

Staff should consider any condition that may impact the client’s ability to carry out employment-related activities.  Clients should not be asked to comply with activities that would aggravate an existing condition.

Clients are not required to obtain medical treatment as a condition of their EP.

Where WorkBC Employment Services (ES) does not accept a client who is formally referred by the ministry for WorkBC ES case management, WorkBC will notify the ministry of the specific reasons for the client’s non-acceptance.

Where WorkBC ES indicates a possible temporary medical, drug or alcohol or mental health condition, staff must contact the client to determine the situation.  Staff must determine whether another program/service would be more suitable or assess for an exemption to entering into an EP.

[For persons exempt from entering into an EP, see Policy – Temporarily Exempting or Suspending an Employment Plan.] 

Effective: January 11, 2021

Staff will work with clients to assess and develop their Employment Plan (EP), unless exempt.

The following are the components of the EP document: 
 

• Client Information
• Amendment Tracking (if applicable)
• Client Type
• Conditions of the Plan:

1. Term
2. Name of program or service
3. Contractor (if applicable)
4. Required activities
5. Date of referral (if applicable)
6. Client reporting requirements

• Freedom of Information and Protection of Privacy
• Compliance and Actions for Non-Compliance
• Acknowledgement and Distribution  

Procedures for Developing EP:

The following are the steps to develop an EP with each client, unless exempt
 

Gather information and assess for the appropriate EP 

• Ministry workers will assess and develop an EP based on information provided by the client at the time of application, or during ongoing case management.
• The following EP types may be developed based on individual assessment:
  • WorkBC Employment Services (ES)
  • Indigenous Skills and Employment Training Strategy (ISETS)
  • Supervised Independent Work Search (SIWS)
  • Ministry Non-Funded Program
  • Activities Towards Independence (ATI)
  • Supervised Independent Work Search / WorkBC ES dual
  • Activities Towards Independent / WorkBC dual
• For clients temporarily not able to participate in WorkBC ES, a dual EP will be created to ensure a referral to WorkBC is done within 6 months of the created EP.
• All comments relating to client barriers to employment, impact of medical condition on employability, severity of condition, nature of condition/primary/secondary, and verification type (Medical Report or other verification, e.g., phone) must be documented on the case.

Develop the EP

• Information is then entered into the Conditions of the Plan and must be clear, concise, factual, specific, measurable, achievable, realistic and time-bound.  Ministry staff save a copy of the EP into the system as a permanent record.
• Note: The following covered under Section 13 of the BCEA Act may not be entered on the EP as activities. These include, but are not limited to:
  • The person must seek employment
  • The number of daily contacts with potential employers
  • The person must accept all job offers
  • The person may not quit without just cause
  • The person may not be fired for just cause

Completion of EP

• Ministry staff must explain the terms and conditions of the EP to the client and indicate that failure to comply will result in ineligibility for assistance
• The client is required to sign the EP as acknowledgement of its terms and conditions.
• Ministry staff provides a copy of the EP to the client.

Procedures for EP Reviews

Reviews are completed by ministry staff to ensure the client is complying with the conditions of their EP. All comments related to the EP review, e.g., work search, attendance at programs, etc., must be recorded in the system. Additionally, EP reviews must occur at the end of a program or EP.

For a WorkBC ES EP:

• WorkBC ES case managers and the ministry communicate directly to report participation or non- participation.
• A client is not required to report back to the ministry if they were referred to WorkBC ES

For all other types of EPs:

• Clients must verify they are participating and complying with the conditions of their EP.
• Each individual EP will state the way in which the client must report back to the ministry.

Effective: January 11, 2021

An EAW must determine when a client is exempt from entering into an Employment Plan (EP), or approve when an EP is suspended.

The client will be exempt from Employment Plan sanctions in both instances.

Documentation Requirements for Temporary Medical, Drug and Alcohol or Mental Health Conditions

When a client identifies as having a temporary medical, drug or alcohol, or mental health condition that interferes with their employment, an EAW will assess Employment Plan (EP) requirements or an exemption from entering into an EP.

If the client is not able to provide written documentation or proof of barriers, such as a Medical Report HR3069, an EAW can use the following during their assessment:

• Client statements through conversation or previous notes on the case,
• Previously submitted documentation, examples can include but not limited to, job search forms, employment documents, medical documents,
• Contact a medical practitioner, other health professional, service provider, or advocate familiar, with the client’s situation/condition, and/or
• Client behaviour.

Procedures for Temporarily Exempting the Requirement to Enter into an Employment Plan

An EAW must determine when a client is exempt from entering into an EP. When appropriate, exempt clients should be encouraged to access WorkBC Employment Services in their local community. 

The client will be exempt from Employment Plan sanctions.

Any information relating to the exemption must be documented on the Case. The exemption end date is determined case by case depending on the individual’s circumstances. The exemption end date should not be less than 7 months or exceed 2 years.

• If the exemption is less than 7 months, a Dual EP is required in lieu of an exemption.
• If the exemption exceeds 2 years, the end date must not exceed 2 years. The client’s circumstances must be reviewed at 2 years where it can be extended, if applicable.

 

EAW	1.	Assess if the client meets the criteria for an exemption to entering into an EP for up to two years [see Policy – Temporarily Exempting or Suspending an Employment Plan - Exempting the Requirement to Enter into an EP].
	2.	Gather any relevant documentation needed to determine whether or not to exempt an EP.
	3.	Clearly document how the client meets exemption reasons to exempt their EP and the duration (up to 2 years).
	4.	Exemption will be reviewed and re-assessed at the end date.

 

Exemption End Date Review

Exemption end dates will be reviewed:

• In the month leading up to the exemption date using reports, or;
• At the time the client advises of a change in circumstance.

Procedures for Suspending all of the Conditions Within an Existing Employment Plan

An EAW must approve when an EP is suspended.

The recipient will be exempt from Employment Plan sanctions.

Any medical information is to be documented on the on the Case Contact.

EAW	1.	Confirm a recipient’s status has changed temporarily to meet the Expected to Work – Medical Condition (ETW-MC) criteria, or one of the NEO categories identified in EA Regulation Section 29 (4), or EAPWD Regulation Section 25 (4) (“no employment-related obligations” or NEO categories).
	2.	Gather any relevant documentation needed to determine whether or not to suspend all conditions of the existing EP.
	3.	Clearly document the NEO category and/or circumstances supporting the suspension.
	4.	If circumstances warrant suspending the conditions within an existing Employment Plan: set the due date on the EP SR to reflect the suspension end date set the status to pending, and check in the SR add “suspended from date to date” in resolution description. If circumstances do not warrant the suspension of an existing EP: advise the recipient by mail or phone of the decision.

Effective: April 19, 2004

If a client refuses to sign an EP, ministry staff must:

Give a copy of the EP to the client
 

• Explain the terms and conditions of the EP to the client
• Ask the client if they understand the terms and conditions of the EP, and confirm that the client understands
• Advise the client that the terms and conditions of the EP have taken into account the client’s capabilities, that the expectations are reasonable and that they are required by the ministry to sign their EP as a condition of eligibility
• Advise the client that by refusing to sign the Receipt and Acknowledgement of the EP, they refused to enter into the EP and that as a consequence are no longer eligible to receive assistance
• Advise the client that they may request a reconsideration of the terms and conditions of the EP, but they are not subject to appeal
• Document on the system that the staff did all of the above  

Answer   Dual EPs are employment plans that include requirements for both an initial six month period of either ATI or SIWS, followed by a two-year WorkBC ES participation period. 

Dual EPs allow staff to refer clients who appear capable of independent job search to SIWS for an initial six month period, followed by a referral to WorkBC ES if the client’s job search is not successful, without the need to create a new EP. 

Similarly, for clients with short-term medical conditions or other temporary barriers, and not exempt from an EP, Dual EPs allow an initial six month period for the client to recuperate or otherwise resolve their barriers, followed by a referral to WorkBC ES, without the need to create a new EP.  

Answer   The date of referral(s) is the date the client was referred to the program / service.

Answer   If you are closing an EP before its completion, it should be because the client is not continuing with that or with any EP (e.g., client status has changed to meet an exemption, PPMB, NEO or PWD), for the specified reason.  If you are changing required EP activities within the same type of EP (e.g., client is required to report SIWS activities on a more frequent basis), you can amend the EP, but you do not need to close the existing EP.  If you are changing the type of EP (e.g., client was formerly in SIWS but is now starting an ASETS program), you need to close the existing EP, then create a new EP.  In both cases, the client will need to sign the new EP.

Answer   The EP is a legal document between the client and the ministry.  Any changes must be documented in a new EP and agreed upon (signed) by the ministry caseworker and the client.  WorkBC has no authority to make the changes to the EP.  However, WorkBC can send the client to interventions they deem necessary as part of the client’s activities under their WorkBC ES EP without requiring a new plan.

Answer   Yes, under Section 10.1 (c) (d) and (f) of the Employment and Assistance Act, Ministry staff have authority to verify information to assess employability and skills for the purposes of an employment plan, or assessing compliance with the conditions of an employment plan.  Provisions governing collection, use, and disclosure of personal information will apply.