| AwardYear: 1996-1997 EnterChapterNo: 7 EnterChapterTitle: Federal Work-Study Program SectionNumber: 1 SectionTitle: Selecting Recipients and Assigning Jobs PageNumbers: 5-9 GENERAL STUDENT ELIGIBILITY REQUIREMENTS [[Financial Need]] To be eligible for a Federal Work-Study (FWS) job, a student must meet all eligibility requirements listed in Chapter 2, Section 1. In addition, a student must have financial need; that is, his or her cost of attendance (COA) must be greater than his or her Expected Family Contribution (EFC). A financial aid administrator may not award FWS employment to a student if that award, when combined with all other resources, would exceed the students need. (See Section 2 of this chapter.) However, unlike the other two campus-based programs, the FWS Program does not require that priority be given to students who have EXCEPTIONAL financial need. In choosing students for FWS employment, schools must follow the selection procedures discussed in Chapter 5, Section 1. Both undergraduate and graduate students are eligible to apply for employment under the FWS Program. A student who has earned a bachelors or first professional degree is also eligible to receive an FWS job to pursue an ADDITIONAL UNDERGRADUATE degree. [[Less-than-full-time & independent students]] Since the beginning of the 1993-94 award year, a school has been required to offer at least 5% of its federal FWS allocation to LESS- THAN-FULL-TIME STUDENTS and INDEPENDENT STUDENTS if 1) the allocation is partly based on the financial need of these students AND 2) the financial need of these students exceeds 5% of the total financial need of all students at the school. (See Chapter 5, Section 1). [[Teacher certification program]] A school may award an FWS job to a student who is enrolled or accepted for enrollment on at least a half-time basis in an eligible teacher certification program. Criteria for an eligible teacher certification program are discussed in Chapter 5, Section 1. ASSIGNING JOBS [[Complement academic/career goals]] A school must make FWS jobs reasonably available to all eligible students at the school. To the extent funds are available, the school must also make available "equivalent employment" (that is, similar non-FWS jobs offered or arranged by the school) to all students at the school who want to work. To the maximum extent practicable, a school must provide FWS jobs that will complement and reinforce each recipients educational program or career goals. In assigning an FWS job, a school must consider the students financial need, the number of hours per week the student can work, the period of employment, the anticipated wage rate, and the amount of other assistance available to the student. While there is no minimum or maximum award, the amount for each student should be determined based on these factors. [[Jobs on or off campus]] FWS jobs may be on campus or off campus. See Section 4 of this chapter for more information. Off-campus jobs must be in the public interest if the work is for a federal, state, or local public agency or for a private nonprofit organization. However, a school may use part of its FWS allocation to provide jobs in private for-profit organizations. [[Community service jobs]] FWS employment may be used for community service programs and for programs providing supportive services to students with disabilities. (Types of employment are discussed in Section 4 of this chapter.) JOB DESCRIPTIONS Each FWS position should have a job description that includes the following: - the name and address of the students employer (department, public agency, nonprofit organization), - the purpose of the students job, - the students duties and responsibilities, - the job qualifications, - the jobs wage rate or range, - the length of the students employment (beginning and ending dates), and - the name of the students supervisor. [[Description purposes]] The job description has several purposes: - It clearly defines whether the job qualifies under the FWS Program. - It provides the information needed to explain the position to a student and to help him or her select the type of employment most closely related to his or her educational or career objectives. - It helps the financial aid administrator, the student, and the supervisor determine the number of hours of work required at the specified wage rate to meet a students financial need. - It establishes a written record, for both student and employer, of the jobs duties and responsibilities so that there will be no misunderstanding. [[Community service job description]] If a student is employed with an agency or organization that provides community services, the school should, as with any other FWS position, have a job description that includes the duties and the responsibilities. For example, a community food bank appears to be the type of organization that has jobs that satisfy the definition of community services; however, the institution must review the individual job descriptions and determine if certain positions at the community food bank qualify. If the FWS recipient will work as a clerk in the food bank, the duties in the job description for the position of clerk would have to meet the definition of community services in the FWS regulations before the job could be considered an FWS community service job. (See the definition in Section 4 of this chapter.) The duties must include providing services designed to improve the quality of life for community residents, particularly low- income individuals, or designed to solve particular problems related to their needs. It is important to note that work performed off campus for a nonprofit agency must also be in the public interest. (See page 7-24.) EMPLOYMENT CONDITIONS AND LIMITATIONS The provisions discussed below apply to all work under FWS, whether on or off campus. [[General conditions]] FWS employment must be governed by employment conditions, including pay, that are reasonable according to the type of work performed, the geographic region, the employees proficiency, and any applicable federal, state, or local law. [[Minimum wage]] FWS employers must pay students at least the current federal minimum wage. The Fair Labor Standards Amendments of 1989 set a minimum hourly wage of $4.25 and also established a subminimum, or training, wage that is lower than the minimum wage. However, it is not permissible to pay the subminimum wage rate to students in FWS jobs. [[Displacing regular workers prohibited]] FWS employment must not displace employees (including those on strike) or impair existing service contracts. Also, if the school has an employment agreement with an organization in the private sector, the organizations employees must not be replaced with FWS students. Replacement is interpreted as displacement. [[Employment in building used for religious purposes]] FWS positions must not involve constructing, operating, or maintaining any part of a building used for religious worship or sectarian instruction. In determining whether any FWS employment will violate this restriction, a school should consider the purpose of the part of the facility in which the work will take place and the nature of the work to be performed. If the part of the facility in which the student will work is used for religious worship or sectarian instruction, the work cannot involve construction, operation, or maintenance responsibilities. If that part of the facility is not being used for religious worship or sectarian instruction, the school should make sure that any work the student will perform meets general employment conditions and that other limitations are not violated. [[Fees or commissions prohibited]] Neither a school nor an outside employer that has an agreement with the school to hire FWS students may solicit, accept, or permit soliciting any fee, commission, contribution, or gift as a condition for a students FWS employment. However, a student may pay union dues to an employer if they are a condition of employment and if the employers non-FWS employees must also pay dues. [[Voluntary services prohibited]] The Fair Labor Standards Act of 1938, as amended, prohibits employers (including schools) from accepting voluntary services from any paid employee. Any student employed under FWS must be paid for all hours worked. [[Academic credit for work-study]] The fact that a student may receive academic credit from the work performed does not disqualify the job under FWS. However, there are certain restrictions. For a student who must complete an internship or practicum as part of his or her degree requirement, the internship or practicum does not qualify under FWS unless the employer normally pays all other persons who hold the same position or has paid all other persons who have held the same position in the past. If the employer normally pays or has paid these persons, the internship or practicum qualifies as an FWS job. A student who receives academic credit for an FWS job should not be paid any less than he or she would be paid if no academic credit were received. A student may not be paid for receiving instruction in a classroom, laboratory, or other academic setting. [[Garnishment of FWS wages]] A students FWS wages may be garnished only to pay any costs of attendance that the student owes the school or that will become due and payable during the period of the award. Schools must oppose any garnishment order they receive for any other type of debt; paying FWS funds in such cases would not be in compliance with the Student Financial Assistance (SFA) requirement that funds be used solely for educational purposes. As schools may not necessarily be the employers in an off-campus employment arrangement, they must adopt effective procedures to notify off-campus employers that garnishment of FWS wages for any debt other than a cost of attendance is not permissible. |