File No. 33597

This rule was published in the May 15, 2010, issue (Vol. 2010, No. 10) of the Utah State Bulletin.

Workforce Services, Employment Development

Section R986-200-247

Utah Back to Work Pilot Program (BWP)

Notice of Proposed Rule


DAR File No.: 33597
Filed: 04/29/2010 04:27:31 PM


Purpose of the rule or reason for the change:

The purpose of this amendment is to establish a pilot program to help unemployment claimants return to work.

Summary of the rule or change:

Employers that hire unemployment claimants or unemployed youth may be eligible for a subsidy for providing employment. It is hoped that this pilot program will provide job opportunities to unemployed individuals and save the unemployment trust fund reserves. It will also help employers who can use workers but because of the current economic problems might not be able to pay the full wage.

State statutory or constitutional authorization for this rule:

  • Section 35A-1-104
  • Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

This pilot is being paid out of federal funds and there is no cost or savings to the state budget.

local governments:

This is a state-wide program paid for with federal funds and there will be no costs or savings for local governments.

small businesses:

There could be a cost savings to small businesses that agree to participate. The Department will pay up to $2,000 per newly hired employee. It will also save the unemployment trust fund which small businesses pay into. There will be no costs to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There will be no costs or savings to other persons. This is a voluntary program offering employment to eligible unemployed individuals including youth.

Compliance costs for affected persons:

There are no compliance costs associated with this program to any persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Kristen Cox, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

  • Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:


This rule may become effective on:


Authorized by:

Kristen Cox, Executive Director


R986. Workforce Services, Employment Development.

R986-200. Family Employment Program.

R986-200-247. Utah Back to Work Pilot Program (BWP).

(1) BWP is a voluntary program providing short term subsidized employment for a maximum of three months to an eligible unemployment insurance (UI) claimant. To be eligible, a UI claimant must:

(a) be currently receiving UI benefits and have received at least one week of paid UI benefit. The waiting week is not considered a "paid" benefit for the purposes of this section;

(b) be legally eligible to work in the U.S. and be a U.S. citizen or meet the alienage requirements of R986-200-203;

(c) have at least 10 weeks of regular UI benefits remaining on his or her claim. The 10 weeks do not include Extended Benefits under 35A-4-402 or Emergency Unemployment Compensation (EUC) benefits as defined by the UI division;

(d) be the parent of at least one minor dependent child and be contributing to the financial support of that child or children;

(e) have UI base period wages of not more than $7,800 in any quarter of the base period;

(f) have not worked for the employer where the claimant is to be hired under this program more than 40 hours in the 60 days immediately preceding the date of hire under the BWP program; and

(g) have not previously participated in the BWP or BWY program.

(2) The Utah Back to Work Youth Program (BWY) provides short term subsidized employment for a maximum of three months to unemployed youth 18-24 years of age. BWY youth must be legally eligible to work in the U.S. and be unemployed but do not need to be receiving or eligible to receive UI benefits. BWY youth do not need to be a parent but must meet the requirement of subsection (1)(f) and have not participated in the BWP or BWY program before.

(3) An employer eligible for a subsidy under this section is an employer that:

(a) is registered with the Department's UI division as an active employer in "good standing". For the purposes of this section, "good standing" means the employer has no delinquent UI contributions or reports;

(b) is a "qualified employer" under the "Hiring Incentives to Restore Employment Act" of 2010 which "means any employer other than the United States, any State, or any political subdivision" or instrumentality thereof. A public institution of higher education is considered a "qualified employer" for purposes of this section. The employer cannot be a Temporary Help Company as defined in R994-202-102 or a Professional Employer Organization as defined in R994-202-106;

(c) pays a wage of at least $9 per hour. Commission only jobs may qualify if the employer guarantees $9 per hour or more;

(d) has not displaced or partially displaced existing workers by participating in this program;

(e) has at least one other employee;

(f) will provide the claimant with at least 35 hours work per week; and

(g) does not hire the claimant for temporary or seasonal work.

(4) Once it has been verified that a claimant has been hired, a qualified employer will be paid a $500 subsidy and an additional $1,500 subsidy at the conclusion of the third month of employment provided the required DWS invoices have been provided.

(5) BWP and BWY will continue for as long as funding is available.


KEY: family employment program

Date of Enactment or Last Substantive Amendment: [April 1, ]2010

Notice of Continuation: September 14, 2005

Authorizing, and Implemented or Interpreted Law: 35A-3-301 et seq.


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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected].