N.Y. Mental Hygiene Law § 33.09: Employment of patients

§ 33.09 Employment of patients.

(a) The department shall encourage employment of patients as part of

therapeutic, community care, or release programs and shall promote

training of patients for gainful employment. The commissioner shall

adopt regulations to further the purposes of this section.

(b) A patient employed by a facility shall receive compensation for

his services in accordance with applicable state and federal labor laws.

Any such employment shall be subject to regulations of the commissioner

as to the nature and circumstances of the employment.

(c) The provisions of the workers' compensation law, the unemployment

insurance law, and articles thirteen, nineteen, and twenty of the labor

law shall not apply to any patient in a facility with respect to his

participation in a sheltered workshop program, provided, however, that

participants in sheltered workshop programs operated by the office of

mental health, the office for people with developmental disabilities or

voluntary agencies or institutional worker programs operated by the

office of mental health shall be eligible for workers' compensation

benefits (excluding benefits provided pursuant to article nine of the

workers' compensation law) if such offices or agencies elect to provide

such benefits. Sheltered workshops operated at department facilities

shall be subject to the laws and regulations applicable to sheltered

workshops operated by voluntary agencies.