New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.9 - Work activities and work requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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:
(1) unsubsidized employment;
(2) subsidized private sector
			 employment;
(3) subsidized public
			 sector employment;
(4) 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 as determined by the social services
			 official. The maximum number of hours a recipient or applicant may be required
			 to engage in this activity is limited to the number which equals the amount of
			 assistance payable with respect to the public assistance household of such
			 individual (inclusive of the value of food stamps received by the public
			 assistance household of such individual, if any) divided by the higher of (i)
			 the Federal minimum wage, or (ii) the State minimum wage. The limitation of the
			 number of hours of work experience to which a participant may be assigned is a
			 calculation of allowable hours in a work activity and does not mean that such
			 participant is receiving a wage for the performance of such activities. The
			 participant is not working off the grant, but is engaged in work activities as
			 an element of his/her plan to become self-sufficient;
(5) on-the-job training;
(6) job search and job readiness assistance,
			 as time limited by Federal law, provided that job search is an active and
			 continuing effort to secure employment, configured by the social services
			 official;
(7) community service
			 programs provided, however, the number of hours a participant in community
			 service activities authorized pursuant to this section may be required to work
			 in such assignment shall not exceed a number which equals the amount of
			 assistance payable with respect to the public assistance household of such
			 individual (inclusive of the value of food stamps received by the public
			 assistance household of such individual, if any) divided by the higher of (i)
			 the Federal minimum wage, or (ii) the State minimum wage. No participant shall
			 be assigned to a community service activity that conflicts with his/her bona
			 fide religious beliefs. The definition or parameters of this activity shall be
			 set forth in the local plan submitted by the social services district, provided
			 that an individual needed in the home because another member of the household
			 requires his/her presence due to a verified mental or physical impairment shall
			 be deemed to be engaged in community service to the extent such person is
			 actually providing care for such member of the household. The limitation of the
			 number of hours of community service to which a participant may be assigned is
			 a calculation of allowable hours in a work activity and does not mean that such
			 participant is receiving a wage for the performance of such activities. The
			 participant is not working off the grant, but is engaged in work activities as
			 an element of his or her plan to become self-sufficient. For purposes of
			 calculating the participation rate, recipients who are acting as foster parents
			 for children are deemed engaged in community service to the extent they are
			 actually providing care for such children;
(8) vocational educational training as time
			 limited by Federal law and pursuant to subdivision (c) of this
			 section;
(9) job skills training
			 directly related to employment;
(10) 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;
(11) 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;
(12) provision of
			 child care services to an individual who is participating in community
			 service;
(13) job search and job
			 readiness assistance once the individual has exceeded the six week limit set in
			 Federal law;
(14) educational
			 activities pursuant to subdivision (c) of this section;
(15) other activities set forth in a local
			 district plan.