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Directive:

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 08-11

Subject:
Availability of Equitable Tolling of Deadlines for Workers Covered Under Trade Adjustment Assistance (TAA) Certifications

Purpose:
This Training and Employment Guidance Letter (TEGL) informs states of the Department of Labor’s (Department) interpretation of the Trade Act, applicable to workers without regard to whether they were covered by certifications issued under the 2002 Amendments or the 2009 Amendments or any future law governing the TAA program, allowing equitable tolling of the statutory and regulatory TAA deadlines for: 1) enrolling in training as a condition of eligibility for Trade Readjustment Allowances (TRA) under section 231(a)(5)(A) of the Trade Act; 2) making a bona fide application to a training program as a condition of eligibility for Additional TRA under section 233(b); and 3) applying for job search allowances under section 237(a)(2)(C) and relocation allowances under section 238(a)(2)(E) and (c) of the Trade Act. In this context, this TEGL emphasizes to State Workforce Agencies or agencies designated by Governors as “Cooperative State Agencies” (CSAs) (also jointly referred to as “states”) the critical importance of their responsibility to notify adversely affected workers that they are covered under a TAA certification and to supply them with TAA benefit information that explains these deadlines.

To:
STATE WORKFORCE AGENCIES
STATE WORKFORCE LIAISONS
ONE-STOP CENTER SYSTEM LEADS
STATE WORKFORCE ADMINISTRATORS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
STATE LABOR COMMISSIONERS
From:
JANE OATES
Assistant Secretary
Date:
October 19, 2011
Expiration Date:
Continuing

Rescissions:    None

Contact:  Please direct all inquiries to the appropriate Regional Office.

Text:
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Attachments:
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1. Availability of Equitable Tolling of Deadlines for Workers Covered Under Trade Adjustment Assistance Certifications TEGL - Questions and Answers



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