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;    (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 requiring other than a  baccalaureate  or  advanced  degree.   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;    (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.