NY Soc Serv L § 336 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 9-B - Public Assistance Employment Programs 336 - Work Activities.

§  336. Work activities. 1. Social services districts may provide, and require  applicants  for  and  recipients  of   public   assistance   to participate in a variety of activities, including but not limited to the following:  (a) unsubsidized employment;  (b) subsidized private sector employment;  (c) subsidized public sector employment;  (d)  work  experience  in  the  public  sector  or  non-profit sector, (including work associated with refurbishing publicly assisted  housing) if sufficient private sector employment is not available;  (e) On-the-job training;  (f)  job search and job readiness assistance, provided that job search is an active and continuing effort to secure  employment  configured  by the  local  social  services official; and such social services district may work  in  cooperation  with  the  department  of  labor  to  provide workforce  guidance  and information in accordance with section ten-c of the labor law;  (g) community service programs provided, however, the number of  hours a  participant  in  community  service activities authorized pursuant to this section shall be required to work  in  such  assignment  shall  not exceed  a  number  which  equals  the  amount of assistance payable with respect to such individual  (inclusive  of  the  value  of  food  stamps received  by  such  individual, if any) divided by the higher of (a) the federal minimum wage, or (b) the  state  minimum  wage.  No  participant shall  in any case be required to engage in assigned activities for more than forty hours in any week. No participant  shall  be  assigned  to  a community  service  activity  that  conflicts  with his or her bona fide religious beliefs;  (h) vocational educational training as time limited  by  federal  law. For  the purposes of this title, "vocational educational training" shall include but not be limited to organized educational programs offering  a sequence  of  courses  which  are directly related to the preparation of individuals for current or emerging occupations including programs  that require  up  to  four  years  of post-secondary education. Such programs shall include competency-based applied learning which contributes to  an individual's    academic    knowledge,   higher-order   reasoning,   and problem-solving skills, work attitudes,  general  employability  skills, and    the   occupational-specific   skills   necessary   for   economic independence. Such term also includes applied technology education;  (i) job skills training directly related  to  employment.  Job  skills training  directly  related to employment may include but not be limited to participation in up to four years of post-secondary education to  the extent consistent with federal and state requirements;  (j)  education  directly  related  to  employment,  in  the  case of a recipient  who  has  not  yet  received  a  high  school  diploma  or  a certificate of high school equivalency;  (k)  satisfactory  attendance at secondary school or a course of study leading to a certificate  of  general  equivalency  in  the  case  of  a recipient  who  has  not  completed  secondary  school  or received such certificate;  (l)  provision  of  child  care  services  to  an  individual  who  is participating in community service;  (m)  job  search  and job readiness assistance once the individual has exceeded the six week limit set in federal law;  (n)  educational  activities  pursuant  to   section   three   hundred thirty-six-a of this title.    2.  No participant shall be required to provide child care services as a work  activity  described  in  this  section  unless  the  participant expressly requests in writing to provide such services.   3. Social services districts may enter into agreements with public and private employment agencies to assist recipients of public assistance to find jobs.   4.  No participant shall in any case be required to engage in assigned activities for more than forty hours in any week.   5. In no event shall the programs and activities  enumerated  in  this title  be deemed the sole activities that a social services district may provide and require applicants for and recipients of  public  assistance to engage in. Any program or activity that meets the goals of this title and  is  consistent  with  the  requirements  of  the labor law and this chapter shall be allowed.   6. Any social  services  district  that  establishes  and  provides  a program   or   activity  not  herein  enumerated  shall  set  forth  the requirements and structure of such program or activity in its local plan pursuant to the provisions of section three hundred thirty-three of this title.   7. In accordance with the provisions of paragraph (h)  of  subdivision two  of  section  four  hundred fifty-four of the family court act or as otherwise required by the court, the court may assign to work activities the non-custodial parents of children receiving  public  assistance  and require  a  report to such court of any failure of said parent to comply with the requirements of such program.   8. The hours of participation in federal work study programs completed pursuant to section three hundred thirty-five-b of this title  shall  be included  as  a  work  activity  within  the  definition of unsubsidized employment, subsidized private sector employment  or  subsidized  public sector employment pursuant to paragraphs (a), (b) and (c) of subdivision one  of  this  section,  and  the hours of participation in internships, externships and other work  placements  completed  pursuant  to  section three  hundred  thirty-five-b  of this title shall be included as a work activity within  the  definition  of  on-the-job  training  pursuant  to paragraph (e) of subdivision one of this section.