25 CFR 20.315 - Who is not covered by the employment policy?

Regulations last checked for updates: Nov 23, 2024

Title 25 - Indians last revised: Mar 22, 2024

View all text of Subpart C [§ 20.300 - § 20.335]

§ 20.315 - Who is not covered by the employment policy?

The employment policy in § 20.314 does not apply to the persons shown in the following table.

The employment policy in § 20.314 does not apply to . . .	if . . .	and . . .
(a) Anyone younger than 16
(b) A full-student under the age of 19	He/she is attending an elementary or secondary school or a vocational or technical school equivalent to a secondary school	He/she is making satisfactory progress.
(c) A person enrolled at least half-time in a program of study under Section 5404 of Pub. L. 100-297	He/she is making satisfactory progress	He/she was an active General Assistance recipient for a minimum of 3 months before determination/redetermination of eligibility.
(d) A person suffering from a temporary medical injury or illness	It is documented in the case plan that the illness or injury is serious enough to temporarily prevent employment	He/she must be referred to SSI if the disability status exceeds 3 months.
(e) An incapacitated person who has not yet received Supplemental Security Income (SSI) assistance	A physician, psychologist, or social services worker certifies that a physical or mental impairment (either by itself, or in conjunction with age) prevents the individual from being employed	The assessment is documented in the case plan.
(f) A caretaker who is responsible for a person in the home who has a physical or mental impairment	A physician or certified psychologist verifies the condition	The case plan documents that: the condition requires the caretaker to be home on a virtually continuous basis; and there is no other appropriate household member available to provide this care.
(g) A parent or other individual who does not have access to child care	He/she personally provides full-time care to a child under the age of 6
(h) A person for whom employment is not accessible	There is a minimum commuting time of one hour each way

authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83

source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

cite as: 25 CFR 20.315