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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 10 Rev. 3/2022 For individuals who participate in the conciliation appointment HRA must evaluate good cause and whether the noncompliance was willful. The individual is responsible for notifying HRA of the reasons for refusing or failing to comply with a work requirement and for providing documentation to support any claim of good cause, or exemption from work requirements. Since the determination of good cause may be based upon the credible explanation provided by the client, with or without supporting documentation, good cause may be granted without documentation in some circumstances and should be noted in the case record. There should be no finding of willful and without good cause based on the refusal or failure to comply with a single appointment or work requirement if the individual is otherwise participating in work activities as assigned by HRA. If it is determined that the individual did not have good cause and that their actions to not comply with work requirements were willful, HRA must inform the individual of the ability to avoid the TA sanction by demonstrating compliance with an assigned work activity for a minimum of five business days but no more than 10 business days. Demonstrating compliance means that the individual engages in the assigned work activity and fully participates as assigned by HRA for at least five business days. If the individual indicates an agreement to comply, HRA must immediately re-engage the individual in work activities. Engagement in the assigned work activity for five business days, as assigned by HRA, will demonstrate that the individual is willing to comply with TA and SNAP work requirements and permit the individual to avoid a work-related sanction. If the individual participates as assigned for at least five business days, no sanction should be imposed. Note: Individuals should not be terminated from a work activity during the re-engagement/ conciliation process, unless HRA determines that the work activity is no longer consistent with the individual’s employment assessment or any documented work limitations, or the activity is no longer available. This will help ensure that an individual has the ability to immediately re- engage during the re-engagement/conciliation process. For individuals who do not respond to the re-engagement/conciliation notice within the 10-day time limit, HRA must determine, based on the information available to the district, whether the alleged refusal or failure to comply was willful and without good cause without the individual’s input. If the individual is otherwise participating in work activities as assigned by HRA, there shall be no finding of willfulness without good cause based on a single missed appointment or infraction. The re-engagement/conciliation process for the specific act of noncompliance cited in the re- engagement/conciliation notice must end once HRA confirms that the individual demonstrated compliance by appearing at the assigned work activity and participating for a minimum of 5 business days. The individual would thereafter be expected to continue to participate as assigned. Any subsequent act of noncompliance with assigned work requirements would be considered a separate instance of noncompliance and must be addressed through a separate re-engagement/conciliation and sanction process.