Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 20 - Employees' Benefits |
Chapter V - Employment and Training Administration, Department of Labor |
Part 617 - Trade Adjustment Assistance for Workers Under the Trade Act of 1974 |
Subpart A - General |
§ 617.4 - Benefit information to workers.
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§ 617.4 Benefit information to workers.
(a) Providing information to workers. State agencies shall provide full information to workers about the benefit allowances, training, and other employment services available under subparts B through E of this part 617 and about the petition and application procedures, and the appropriate filing dates, for such allowances, training and services.
(b) Providing assistance to workers. State agencies shall provide whatever assistance is necessary to enable groups of workers, including unorganized workers, to prepare petitions or applications for program benefits.
(c) Providing information to State vocational education agencies and others. State agencies shall inform the State Board for Vocational Education or equivalent agency and other public or private agencies, institutions, and employers, as appropriate, of each certification issued under section 223 of the Act and of projections, if available, of the needs for training under section 236 of the Act as a result of such certification.
(d) Written and newspaper notices -
(1) Written notices to workers.
(i) Upon receipt of a certification issued by the Department of Labor, the State agency shall provide a written notice through the mail of the benefits available under subparts B through E of this part 617 to each worker covered by a certification issued under section 223 of the Act when the worker is partially or totally separated or as soon as possible after the certification is issued if such workers are already partially or totally separated from adversely affected employment.
(ii) The State agency will satisfy this requirement by obtaining from the firm, or other reliable source, the names and addresses of all workers who were partially or totally separated from adversely affected employment before the certification was received by the agency, and workers who are thereafter partially or totally separated within the certification period. The State agency shall mail a written notice to each such worker of the benefits available under the TAA Program. The notice must include the following information:
(A) Worker group(s) covered by the certification, and the article(s) produced as specified in the copy of the certification furnished to the State agency.
(B) Name and the address or location of workers' firm.
(C) Impact, certification, and expiration dates in the certification document.
(D) Benefits and reemployment services available to eligible workers.
(E) Explanation of how workers apply for TAA benefits and services.
(F) Whom to call to get additional information on the certification.
(G) When and where the workers should come to apply for benefits and services.
(2) Newspaper notices.
(i) Upon receipt of a copy of a certification issued by the Department affecting workers in a State, the State agency shall publish a notice of such certification in a newspaper of general circulation in areas in which such workers reside. Such a newspaper notice shall not be required to be published, however, in the case of a certification with respect to which the State agency can substantiate, and enters in its records evidence substantiating, that all workers covered by the certification have received written notice required by paragraph (d)(1) of this section.
(ii) A published notice must include the following kinds of information:
(A) Worker group(s) covered by the certification, and the article(s) produced as specified in the copy of the certification furnished to the State agency.
(B) Name and the address or location of workers' firm.
(C) Impact, certification, and expiration dates in the certification document.
(D) Benefits and reemployment services available to eligible workers.
(E) Explanation of how and where workers should apply for TAA benefits and services.
(e) Advice and assistance to workers. In addition to the information and assistance to workers as required under paragraphs (a) and (b) of this section, State agencies shall -
(1) Advise each worker who applies for unemployment insurance under the State law of the benefits available under subparts B through E of this part and the procedures and deadlines for applying for such benefits.
(2) Facilitate the early filing of petitions under section 221 of the Act and § 617.4(b) for any workers that the agency considers are likely to be eligible for benefits. State agencies shall utilize information received by the State's dislocated worker unit to facilitate the early filing of petitions under section 221 of the Act by workers potentially adversely affected by imports.
(3) Advise each adversely affected worker to apply for training under § 617.22(a) before, or at the same time as, the worker applies for trade readjustment allowances under subpart B of this part.
(4) Interview each adversely affected worker, as soon as practicable, regarding suitable training opportunities available to the worker under § 617.22(a) and review such opportunities with the worker.
[51 FR 45848, Dec. 22, 1986, as amended at 59 FR 927, Jan. 6, 1994]