25 CFR § 20.315 - Who is not covered by the employment policy?
---
identifier: "/us/cfr/t25/s20.315"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 20.315 - Who is not covered by the employment policy?"
title_number: 25
title_name: "Indians"
section_number: "20.315"
section_name: "Who is not covered by the employment policy?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "D"
subchapter_name: "HUMAN SERVICES"
part_number: "20"
part_name: "FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "65 FR 63159, Oct. 20, 2000, unless otherwise noted."
cfr_part: "20"
---
# 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 | |