N.Y.
Social Services Law Section 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, which shall include activities with the goal of seeking or obtaining employment, or preparation to seek or obtain employment, including life-skills training, which shall include but not be limited to home visiting services to the recipient and their family, and provided further 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 Labor Law § 10-C (Workforce guidance and information for women initiative)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, as defined in paragraph (f) of this subdivision, once the individual has exceeded the six week limit set in federal law;(n)
educational activities pursuant to § 336-A (Educational activities)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 § 333 (Local plans and requirements)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 § 335-B (Mandatory work requirements)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 § 335-B (Mandatory work requirements)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.
Source:
Section 336 — Work activities, https://www.nysenate.gov/legislation/laws/SOS/336 (updated Jan. 6, 2023; accessed Apr. 27, 2024).
