N.Y. Social Services Law § 336-e: Subsidized public sector employment programs

§ 336-e. Subsidized public sector employment programs. 1. A social

services district may establish subsidized public 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 local districts and employers; provided, however,

that, if appropriate, the department may act on behalf of one or more

local districts in establishing such agreements.

2. Programs may include, but need not be limited to, on-the-job

training programs which reimburse employers for the cost of training

public assistance recipients through wage subsidies.

3. The social services official or the department is authorized to

transfer public assistance funds to employers through written agreements

developed and executed in accordance with department regulations.

4. A recipient may be assigned to a subsidized public sector

employment activity only if:

(a) the conditions of employment including such factors as the type of

work, geographical region and proficiency of the participant are

appropriate and reasonable.

(b) the recipient is deemed an employee for purposes of the applicable

collective bargaining and labor laws and receives the same benefits and

protections as existing employees similarly situated (working a similar

length of time and doing similar work) receive pursuant to the

provisions of law, and applicable collective bargaining agreement or

otherwise as made available to the regular employees of the employer.

Each participating person shall be given the opportunity to work

sufficient hours to earn a net wage of at least the amount such person

would have been entitled to receive as recipients of public assistance

or, where applicable, the amount such person would have received for his

or her household, including the amount for dependents. Such net wage

shall be calculated by deducting from gross wages federal income taxes,

federal employment taxes, state income taxes, local income taxes and

union dues, if any. No program shall be approved under this section

unless the commissioner is satisfied that it contains adequate

provisions for the prompt resolution of disputes concerning

participation in the program and the obligations and benefits associated

with it. Nothing contained in this section shall be deemed to affect,

modify or abridge a participant's right to a fair hearing pursuant to

section twenty-two of this chapter or representation thereat by counsel

or, if applicable, the participant's collective bargaining

representative.

(c) a participant employed by an employer subject to the civil service

law or subject to rules consistent with such law is appointed to an

appropriate classified position. Notwithstanding any other provision of

law, rule or regulation, such position shall be deemed to be in the

non-competitive class of the classified service only while such

participant is serving in the position.

(d) no employee of the participating employer is displaced by any

recipient employed pursuant to this section. 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.

(e) no participant shall be employed:

(i) if any other employee of the employer is available for

reinstatement, recall or reemployment following a leave of absence,

furlough, layoff or suspension from the same or any substantially

equivalent job;

(ii) when the employer has terminated the employment of any regular

employee or otherwise reduced its work force with the intention of

filling the vacancy or vacancies so created by hiring a participant

whose wages are subsidized under this program; or

(iii) when the employee organization representing employees of the

employer is engaged in a strike against the employer or such employees

have been locked-out by the employer; or

(iv) where such employment results in 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.

(f) no position is created that will infringe in any way upon the

promotional opportunities of currently employed individuals or

individuals currently engaged in an approved apprenticeship training

program.

(g) no participant shall remain in a position if another employee is

eligible for promotion from an eligible list to that position. An

employer shall, at least ten days prior to filling a position with a

participant, notify any employee organization that represents employees

who are engaged in similar work or training in the same or substantially

equivalent job as that in which the placement is to be made, that it

intends to make a placement pursuant to the terms of this section.

(h) where an employee organization represents employees who are

engaged in similar work in the same or substantially equivalent job as

that proposed to be funded under this program, an opportunity is

provided for such organization to comment on the proposed placement of a

participant or the administration of the program and the social services

official or his or her designee shall respond to such comments within

ten days of receipt thereof.

(i) 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 provides to

the social services district assurances that no such funds will be used

for such purposes.

(j) nothing herein shall be construed to affect, modify or otherwise

abridge any provision of the civil service law.