What Public Benefits are Available to Workers on Strike

Authored By: Iowa Legal Aid

Information

When a person participates in a strike at work, it may affect their eligibility for certain public benefits.

SNAP (Supplemental Nutrition Assistance Program)


Federal law requires that if an individual participates in a strike at work and then applies for SNAP benefits, Iowa HHS must look at the household’s income the day before the strike occurs. If the household would not have been eligible the day before the strike, then the application for SNAP benefits will be denied.  If the household would have been eligible the day before the strike, then HHS will compare the striking member's income before the strike to the striker's current income and add the higher of the two to the current income of non-striking members during the month of application. If the household is eligible, the higher income figure must also be used in determining the household's benefits.


For SNAP, what does it mean to participate in a strike?


1) Picketing; and/or
2) Drawing strike pay; and/or
3) Refusing to cross the picket line in order to work (unless the refusal is based on fear of injury, death, or trauma from harassment)
4) Anyone involved in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.


For SNAP, who is NOT considered a striker?


-A person affected by a lockout (where the employer closes the workplace).
-A striker who was exempt from work registration requirements the day before the strike. However, this does not apply to people who were exempt from work registration only because they are employed.
-A person unable to work because other people are striking. For example, a truck driver who cannot do their job because the strike has left them with nothing to deliver.
The person must meet all these requirements:
• The person is not picketing and does not intend to picket during the course of the dispute, and
• The person does not draw strike pay, and
The person provides a signed statement indicating the person is willing and ready to return to work but does not want to cross the picket line solely because of the risk of personal injury or death or trauma from harassment. The HHS area manager determines whether such a risk to the person’s physical or emotional well-being exists.


FIP (Family Assistance Program)


Iowa law says that if a parent who is applying for FIP will be on strike on the last day of the month, then the application will be denied, or the ongoing benefits will be cancelled for that month.  


Refugee Cash Assistance (RCA)


Just like with FIP, Iowa law says that if a person is participating in a strike on the last day of the month, that person is ineligible for RCA, and the spouse and children of that person will also be ineligible for RCA.  


For FIP and RCA, what does it mean to participate in a strike?


•    A strike is a concerted stoppage of work by employees (including a stoppage by reason of expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.


For FIP and RCA, the following individuals are not considered to be participating in a strike (must meet all conditions):


• The person is not picketing and does not intend to picket during the strike, and
• The person does not draw strike pay, and
• Provides a signed statement indicating the person is willing and ready to return to work but does not want to cross the picket line solely because of the risk of personal injury, death, or trauma from harassment. HHS service area manager will determine whether such a risk to the person’s physical or emotional well-being exists.

 

Last Review and Update: Mar 14, 2024
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