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

Section 385.9- Page 7 Rev. 4/2025 d) Work Experience 1) Work experience programs meeting State and Federal requirements may be established by social services districts. 2) Work experience programs may include the performance of work for a Federal office or agency, county, city, village or town or for the State or in the operation of or in an activity of a non-profit agency or institution. 3) A recipient may be assigned to participate in such work experience program only if: i) appropriate Federal and State standards of health, safety and other work conditions are maintained; ii) the number of hours an individual assigned to work experience activities authorized pursuant to this section may be required to participate in such assignment shall not exceed a number which equals the amount of assistance payable with respect to such individual's household (inclusive of the value of SNAP received by such household, if any) divided by the higher of (a) the Federal minimum wage or (b) the State minimum wage; iii) such recipients are provided appropriate workers' compensation or equivalent protection for on-the-job injuries and tort claims protection on the same basis, but not necessarily at the same benefit level, as they are provided to other persons in the same or similar positions, while participating in work experience activities under this section; iv) the project to which the participant is assigned serves a useful public purpose in fields such as health, social services, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, operation of public facilities, public safety and child day care; v) such assignment would not result in: (a) the displacement of any currently employed worker or loss of position (including partial displacement such as reduction in the hours of non-overtime work, wages or employment benefits) or result in the impairment of existing contracts for services or collective bargaining agreements; (b) the assignment of a participant or the filling of a position when any other person is on layoff from the same or any equivalent position or the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created with a participant assigned pursuant to this section; (c) any infringement of the promotional opportunities of any current employed person; (d) the performance, by such participant, of a substantial portion of the work ordinarily and actually performed by regular employees; (e) the loss of a bargaining unit position as a result of work experience participants performing, in part or in whole, the work normally performed by the employee in such position; or