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

Section 385.9- Page 11 Rev. 4/2025 organization to comment on the proposed placement of the participant or the administration of the program and the social services official shall respond to such comments within 10 days of receipt of such comments. 11) Employers are prohibited from using public assistance funds to encourage or discourage membership in, or participation in the activities of, any employee organization, and each employer shall provide to the social services district assurances that no such funds will be used for such purposes. 12) Nothing herein shall be construed to affect, modify, or otherwise abridge any provision of the Civil Service Law. g) Subsidized Private Sector and Not-For-Profit Employment Programs 1) A social services district may establish subsidized private sector employment programs for public assistance recipients including, but not limited to, grant diversion programs, which may be supported wholly or in part with public assistance funds. Such programs shall be established through agreements between social services districts and employers, including not-for-profit employers; provided, however, that, if appropriate, the Office may act on behalf of one or more social services districts in establishing such agreements. 2) Programs may include, but need not be limited to, on-the-job training programs which reimburse employers in part or in whole for the cost of training public assistance recipients through wage subsidies. 3) The social services official or the Office is authorized to transfer public assistance funds to employers through written agreements developed and executed in accordance with Office regulations. 4) A recipient may be placed in a subsidized private sector or not-for-profit employment activity only if: i) the conditions of employment including such factors as the type of work to be performed, the geographic location of the job, and the qualifications of the participant are appropriate and reasonable; ii) the recipient is deemed an employee for purposes of the applicable collective bargaining and labor laws and receives the same benefits and protections as an employee similarly situated (working a similar length of time and doing similar work) receives pursuant to the provisions of law, an applicable collective bargaining agreement or otherwise as made available to the employees of the employer; iii) no employee of the participating employer is displaced by any recipient hired pursuant to this subdivision. For the purpose of this subdivision, the term displacement shall include partial displacement, such as a reduction in the customary hours of work (including overtime), wages, or employment benefits; iv) no participant is hired: