Page 24

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

Section 385.2 – Page 24

Rev. 4/2025 ➢ The district cannot assign the individual to a work activity which would interfere with a medical treatment plan or which otherwise would be inappropriate in view of the individual’s medical limitations. • The individual is required to accept any reasonable medical care or otherwise comply with a treatment plan deemed necessary to improve the individual’s ability to work. ➢ Treatment plans may include vocational rehabilitation or therapy and should be developed by a qualified individual. ➢ Each plan must be appropriate and beneficial to the individual’s needs and consistent with their limitations. ➢ Treatment intensity and frequency should correspond to the severity of the individual’s limitations.

Note: Individuals with suspected limitations who wish to be assigned without accommodation according to the voluntary disclosure procedures described above are considered to be non-exempt and may be assigned to work activities without accommodation. However, the individual may at any time decide to comply with efforts to identify their suspected disability and the district must then follow the disability review procedure requirements described above.

Additionally, if the individual demonstrates an inability to successfully function in a work setting, the district may require medical evaluations, assessments, and resulting necessary treatment. Exempt Exempt individuals include those who are unavailable for a work assignment for reasons such as being needed as a caretaker of another individual, being exempt due to age and being exempt due to health-related limitations. An individual should be determined to be exempt due to health factors if the individual is not currently capable of employment in any capacity. Individuals who have been determined to be exempt by the district through the disability review procedure may not be required to participate in the work activities described in 18 NYCRR 385.9. Districts are required to determine whether or not an individual who has been determined to be exempt from participation in work activities has the potential to be restored to self-sufficiency through rehabilitation and may require such individuals to participate in rehabilitation or treatment programs, as appropriate. Districts may assign individuals determined to be exempt