§ 400.81 Criteria for appropriate employability services and employment. The State agency or its designee must determine if employability services and employment are appropriate in accordance with the following criteria: ( a ) The services or employment must meet the following criteria, or, if approved by the Director, the comparable criteria applied by the State in an alternative program for TANF recipients: ( 1 ) All assignments must be within the scope of the individual's employability plan. The plan may be modified to reflect changed services or employment conditions.
( 2 ) The services or employment must be related to the capability of the individual to perform the task on a regular basis. Any claim of adverse effect on physical or mental health must be based on adequate medical testimony from a physician or licensed or certified psychologist indicating that participation would impair the individual's physical or mental health.
( 3 ) The total daily commuting time to and from home to the service or employment site must not normally exceed 2 hours, not including the transporting of a child to and from a child care facility, unless a longer commuting distance or time is generally accepted in the community, in which case the round trip commuting time must not exceed the generally accepted community standards.
( 4 ) When child care is required, the care must meet the standards normally required by the State in its work and training programs for TANF recipients.
( 5 ) The service or work site to which the individual is assigned must not be in violation of applicable Federal, State, or local health and safety standards.
( 6 ) Assignments must not be made which are discriminatory in terms of age, sex, race, creed, color, or national origin.
( 7 ) Appropriate work may be temporary, permanent, full-time, part-time, or seasonal work if such work meets the other standards of this section.
( 8 ) The wage shall meet or exceed the Federal or State minimum wage law, whichever is applicable, or if such laws are not applicable, the wage shall not be substantially less favorable than the wage normally paid for similar work in that labor market.
( 9 ) The daily hours of work and the weekly hours of work shall not exceed those customary to the occupation. And
( 10 ) No individual may be required to accept employment if: ( i ) The position offered is vacant due to a strike, lockout, or other bona fide labor dispute; or
( ii ) The individual would be required to work for an employer contrary to the conditions of his existing membership in the union governing that occupation. However, employment not governed by the rules of a union in which he or she has membership may be deemed appropriate.
( 11 ) In addition to meeting the other criteria of this paragraph, the quality of training must meet local employers' requirements so that the individual will be in a competitive position within the local labor market. The training must also be likely to lead to employment which will meet the appropriate work criteria.
( b ) If an individual is a professional in need of professional refresher training and other recertification services in order to qualify to practice his or her profession in the United States, the training may consist of full-time attendance in a college or professional training program, provided that such training: Is approved as part of the individual's employability plan by the State agency, or its designee; does not exceed one year's duration (including any time enrolled in such program in the United States prior to the refugee's application for assistance); is specifically intended to assist the professional in becoming relicensed in his or her profession; and, if completed, can realistically be expected to result in such relicensing. This training may only be made available to individuals who are employed.
( c ) A job offered, if determined appropriate under the requirements of this subpart, is required to be accepted by the refugee without regard to whether such job would interrupt a program of services planned or in progress unless the refugee is currently participating in a program *in progress* of on-the-job training (as described in § 400.154(c)) or vocational training (as described in § 400.154(e)) which meets the requirements of this part and which is being carried out as part of an approved employability plan.
[54 FR 5477, Feb. 3, 1989, as amended at 65 FR 15448, Mar. 22, 2000]