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

Section 385.2 – Page 23

Rev. 4/2025 individual’s abilities is essential to support employment assignments that best promote self- sufficiency, districts should ensure that they update information about the individual’s abilities as necessary. The following describes the health-related categories of participation for each exempt/non-exempt status and provides guidelines that broadly outline the allowable employment activities for each category. Non-Exempt An individual should be determined to be non-exempt if the individual is capable of participating in work activities. Non-exempt individuals range from those who have few or no work-related limitations to those with more severe limitations, but for whom an employment assignment with accommodation is appropriate. Non-exempt individuals fall within one of the following categories: 1) Non-Exempt: No limitations. Does not meet one of the exemptions in 18 NYCRR 385.2 • The individual has no physical or mental health barriers to employment and can fully participate in work activities. • The individual may be assigned to any work activity included in 18 NYCRR 385.9 or to participate in an assessment as required by 18 NYCRR 385.6 and 18 NYCRR 385.7. 2) Non-Exempt, but Work Limited - See 18 NYCRR 385.2(d)(13) • The individual possesses physical and/or mental health barriers to employment which may range from mild to severe. However, the individual is able to participate in work activities with appropriate accommodation. • The individual may be assigned to any work activity included in 18 NYCRR 385.9; however, any assignment must be consistent with the individual’s limitations. The individual is also required to participate in an assessment as required by 18 NYCRR 385.6 and 18 NYCRR 385.7. ➢ Districts must inform worksite supervisors in writing of the individual’s limitations to ensure they are accommodated. This information should be presented in a manner that is easily understood by the supervisor and which does not disclose a specific diagnosis of disability. For example, inform the supervisor that the individual cannot lift over 10 pounds, but not the specific medical diagnosis. The information must be transmitted as confidential, protected information.