Employability Plan

Effective: September 1, 2024

Recipients may be required to have an Employability Plan (EP), when required by the Minister. An EP identifies employability-related conditions. An EP may be required for each recipient unless exempt. [see Policy – Temporarily Exempting or Suspending an Employability Plan. See also Related Links – Determining Clients with No Employability-Related Obligations]. 

Recipients of Disability Assistance are not required to have an EP and do not have employability-related obligations.

Recipients participating in full-time training through the Single Parent Employment Initiative must have the training program clearly identified in their EP.

Recipients under 19 years of age may have an EP that focuses first on high school completion but this is voluntary. 

The decision of the ministry to require a recipient to enter into an EP cannot be appealed to a tribunal; however, it may be subject to ministry reconsideration.

Recipients with No Employability-Related Obligations

Income assistance recipients who are exempt from participating in EPs do not have employability-related obligations and/or are not subject to the consequences of failing to meet those obligations, i.e., those who fall under one or more of the groups identified in EA Regulation, Section 29 (4) [see Related Links – Determining Clients with No Employability-Related Obligations]. Recipients exempt from participating in EPS including PPMB’s and PWD’s, may complete voluntary participation activities. [see Related Links – Voluntary Employability Plan for information on employability planning tools for recipients who have no employability-related obligations]

Effective: September 1, 2024

The EP sets out employability-related conditions

Each recipient in a family unit must, when required by the Minister, enter into an EP, unless they are exempt. (See Related Links-Determining Clients with No Employability-Related Obligations)

Note: In some circumstances, a recipient may be exempt from entering into an Employability Plan [see Policy – Temporarily Exempting or Suspending an Employability Plan].

Recipients who do not agree to enter into an EP, unless temporarily exempt, or who do not comply with its conditions may be subject to sanctions (See Related Links- Sanctions).

Sanctions should not be imposed on recipients in situations where there may be barriers that impede the recipient entering into or complying with an employability plan (See Related Links- Employability Plan- Policy- Temporarily Exempting or Suspending an Employability Plan). 

Effective: September 1, 2024

Circumstances for Temporarily Exempting an Employability Plan (EP)

In some circumstances, a recipient may be temporarily exempt from entering into an Employability Plan. Factors to consider when temporarily exempting a recipient from the requirement to have an EP include:

• a recipient 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 recipient is not able to attend programs, even with accommodations, due to a health condition; or
• the recipient has barriers that, in the Minister’s opinion, impede the recipient’s ability to search for work or participate in employment programs. 

Staff must consider the ability of the recipient 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 recipient;
• the service provider;
• a medical report; or,
• observed behaviour.

Ministry staff makes the decision to temporarily exempt the EP and determines the date of the next review, which is not to exceed two years. Recipients temporarily exempt from entering into an EP should be encouraged to access WorkBC Employment Services in their local community, when appropriate. 

Recipients who are temporarily exempt from the requirement to have an EP are excluded from EP sanctions. Given the recipient’s  circumstances, as noted above, it is unlikely that these recipients will be able to be engaged in activities that will help them meet employability-related obligations identified in S.13 (1) of the Employment and Assistance Act. Therefore, any sanctions for failure to meet employability-related 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 Employability Plan.] 

Access to WorkBC Employment Services (ES)

Recipients 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 recipient still meets the exemption criteria. If the recipient 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 recipient has a temporary medical, drug or alcohol or mental health condition that interferes with employment, ministry staff must assess on a case by case basis. The Medical Report (HR3069) can be used where necessary to help ministry staff with the assessment. If sufficient information regarding a recipient’s circumstances already exists on a recipient’s file, the HR3069 may not be required. 

Where the recipient has a drug or alcohol or mental health condition and does not have a medical practitioner, other professionals who are familiar with the recipient’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 recipient’s condition and its expected duration
• Determine the impact of a recipient’s condition on their ability to participate in various types of employment or employment-related activities
• Assist workers to determine if the recipient is exempt from entering into an EP as an Expected to Work – Medical Condition (ETW-MC) recipient 
• Determine the type of activities appropriate 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 recipient’s condition and the nature of their treatment. 

Recipients 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 employability planning

Suspension of an EP

The EP may be suspended for up to 30 days by ministry staff 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) (“no employability-related obligations” or NEO categories)
• The recipient has temporary mitigating circumstances preventing them from meeting the conditions of their EP

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

Where a recipient’s status changes, an EP may only be suspended for the temporary period that a recipient is not able to meet their employability-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 open a VEP.  [see Related Links – Voluntary Employability Plan.]

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

If during a suspension, the recipient becomes designated as a PWD, ministry staff must close the EP and either have no plan at all or the recipient enters into a VEP

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

Effective: September 1, 2024

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

Recipients may be required to submit a Work Search Activity Record (HR0077) or equivalent monthly or as otherwise directed by the ministry, to demonstrate their work search efforts. 

When an EP is Required

EPs may only be required once eligibility is determined for assistance.  

An EP, when required by the Minister, may be required to avoid sanctions (See Related Links-Sanctions) for every recipient unless temporarily exempt (see Policy – Temporarily Exempting or Suspending an Employability Plan).

EP Amendments

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 recipient must follow. The EP and each subsequent EP amendment must be placed on the recipient’s file. All amendments are retained on the system as historical records. 

Whenever an EP is amended, the recipient must acknowledge the updated employability-related conditions.

EP Reviews

Active EPs are reviewed and updated on regular basis to assist recipients in achieving independence, and to ensure compliance with and reporting of required activities. Recipients who do not comply with their EP may be subject to sanctions

Employability Plan Standards

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

• Mandatory minimum review requirements and timeframes
• 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.  
• Procedures and standards for developing EPs for recipients with barriers

Employment-Related Programs/Services

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

Indigenous recipients 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 recipients in developing a plan and obtaining necessary skills to attain sustainable employment.

Employability Considerations for Recipients

The ministry recognizes that some recipients may have barriers or unique challenges that should be considered when determining an appropriate EP or whether a recipient should be temporarily exempt from having an EP. [For persons exempt from entering into an EP, see Policy – Temporarily Exempting or Suspending an Employability Plan and Related Links- Determining Clients with No Employability-Related Obligations.] 

Employability considerations for individual recipients 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

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 Employability Plan (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 Employability Plan.] 

 

Effective: September 1, 2024

Ministry staff will work with clients to complete a CNA to assess and develop their Employability Plan (EP), unless exempt.

Effective: September 1, 2024

Ministry staff must determine when a client is exempt from entering into an Employability Plan (EP), or approve when an EP is suspended.

The client will be exempt from Employability 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, ministry staff will assess Employability 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, ministry staff 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 Employability Plan

Ministry staff 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 Employability 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.

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 Employability Plan

Ministry staff must approve when an EP is suspended.

The recipient will be exempt from Employability Plan sanctions.

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