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

Section 385.9- Page 13 Rev. 4/2025 Part B - Department Policy The work activities described in 18 NYCRR 385.9 include those listed in federal TANF legislation. The list represents a variety of work-related activities and programs which are intended to offer recipients of Temporary Assistance (TA) and SNAP employment opportunities to help them advance economically. Among the activities listed in 18 NYCRR 385.9 are the work activities which count toward the federal and state participation rates. OTDA has defined each work activity consistent with federal requirements while providing flexibility where possible. Districts should refer to 18 NYCRR Part 385.8 for information regarding how each definition counts towards the work participation rate. In order for these activities to be considered countable, the participant must be engaged in the activity for a minimum hourly requirement per week, averaged monthly, depending on case type. It is important to remember that the hours required represent a minimum for meeting participation rates only and should not be considered as the standard number of hours needed to ensure a successful transition into unsubsidized, full-time employment. In all instances, the activities to which an individual is assigned must be those that the individual is capable of participating in, contribute to the individual’s efforts to obtain employment or enhance current employment efforts. The local district may assign a TA recipient to participate in activities for up to 40 hours per week unless the individual is unable to work such hours due to medical or other work limitations. One such limitation is that the number of hours a recipient is assigned to work experience or community service must not be greater than the sum of the TA grant and SNAP benefits divided by federal or State minimum wage, whichever is higher. This formula is used for calculating the statutorily maximum allowable hours a recipient may be assigned to this activity. Districts are not required to assign individuals for the total number of hours derived by the calculation but may assign individuals to other activities in combination with work experience to meet participation rate requirements. The non-displacement provisions in 18 NYCRR 385.9(d)(3)(v) place certain restrictions on the nature of activities that may be performed as a work experience assignment. Subparagraph (a) indicates that an assignment cannot result in the “loss of a position.” This statement refers to a position existing at the time of placement and not the potential existence of a position in the future. Similarly, subparagraph (e) refers to the “loss of a bargaining unit position” and means only positions existing at the time of the work activity assignment placement. In subparagraph (d), the term “substantial portion of the work ordinarily and actually performed” means work performed by an individual in a position which is potentially subject to loss as described in subparagraphs (a) and (e). Work activities should be assigned to each individual based on their needs. These needs will be documented in an individual’s employment plan as described in Sections 385.6 and 385.7 of this Manual. When assigning work activities districts must consider an individual’s preferences, to the extent possible and also be consistent with the individual’s assessment and the district’s need to meet federal and State work participation requirements. If the district is unable to accommodate such preferences, they must record the reason in the employment plan. Districts