§ 336-E — Subsidized public sector employment programs

§ 336-e. Subsidized public sector employment programs. 1. A social\nservices district may establish subsidized public sector employment\nprograms for public assistance recipients including, but not limited to,\ngrant diversion programs, which may be supported wholly or in part with\npublic assistance funds. Such programs shall be established through\nagreements between local districts and employers; provided, however,\nthat, if appropriate, the department may act on behalf of one or more\nlocal districts in establishing such agreements.\n 2. Programs may include, but need not be limited to, on-the-job\ntraining programs which reimburse employers for the cost of training\npublic assistance recipients through wage subsidies.\n 3. The social services official or the department is authorized to\ntransfer public assistance funds to employers through written agreements\ndeveloped and executed in accordance with department regulations.\n 4. A recipient may be assigned to a subsidized public sector\nemployment activity only if:\n (a) the conditions of employment including such factors as the type of\nwork, geographical region and proficiency of the participant are\nappropriate and reasonable.\n (b) the recipient is deemed an employee for purposes of the applicable\ncollective bargaining and labor laws and receives the same benefits and\nprotections as existing employees similarly situated (working a similar\nlength of time and doing similar work) receive pursuant to the\nprovisions of law, and applicable collective bargaining agreement or\notherwise as made available to the regular employees of the employer.\nEach participating person shall be given the opportunity to work\nsufficient hours to earn a net wage of at least the amount such person\nwould have been entitled to receive as recipients of public assistance\nor, where applicable, the amount such person would have received for his\nor her household, including the amount for dependents. Such net wage\nshall be calculated by deducting from gross wages federal income taxes,\nfederal employment taxes, state income taxes, local income taxes and\nunion dues, if any. No program shall be approved under this section\nunless the commissioner is satisfied that it contains adequate\nprovisions for the prompt resolution of disputes concerning\nparticipation in the program and the obligations and benefits associated\nwith it. Nothing contained in this section shall be deemed to affect,\nmodify or abridge a participant's right to a fair hearing pursuant to\nsection twenty-two of this chapter or representation thereat by counsel\nor, if applicable, the participant's collective bargaining\nrepresentative.\n (c) a participant employed by an employer subject to the civil service\nlaw or subject to rules consistent with such law is appointed to an\nappropriate classified position. Notwithstanding any other provision of\nlaw, rule or regulation, such position shall be deemed to be in the\nnon-competitive class of the classified service only while such\nparticipant is serving in the position.\n (d) no employee of the participating employer is displaced by any\nrecipient employed pursuant to this section. For the purpose of this\nsubdivision, the term displacement shall include partial displacement,\nsuch as a reduction in the customary hours of work (including overtime),\nwages, or employment benefits.\n (e) no participant shall be employed:\n (i) if any other employee of the employer is available for\nreinstatement, recall or reemployment following a leave of absence,\nfurlough, layoff or suspension from the same or any substantially\nequivalent job;\n (ii) when the employer has terminated the employment of any regular\nemployee or otherwise reduced its work force with the intention of\nfilling the vacancy or vacancies so created by hiring a participant\nwhose wages are subsidized under this program; or\n (iii) when the employee organization representing employees of the\nemployer is engaged in a strike against the employer or such employees\nhave been locked-out by the employer; or\n (iv) where such employment results in the loss of a bargaining unit\nposition as a result of work experience participants performing, in part\nor in whole, the work normally performed by the employee in such\nposition.\n (f) no position is created that will infringe in any way upon the\npromotional opportunities of currently employed individuals or\nindividuals currently engaged in an approved apprenticeship training\nprogram.\n (g) no participant shall remain in a position if another employee is\neligible for promotion from an eligible list to that position. An\nemployer shall, at least ten days prior to filling a position with a\nparticipant, notify any employee organization that represents employees\nwho are engaged in similar work or training in the same or substantially\nequivalent job as that in which the placement is to be made, that it\nintends to make a placement pursuant to the terms of this section.\n (h) where an employee organization represents employees who are\nengaged in similar work in the same or substantially equivalent job as\nthat proposed to be funded under this program, an opportunity is\nprovided for such organization to comment on the proposed placement of a\nparticipant or the administration of the program and the social services\nofficial or his or her designee shall respond to such comments within\nten days of receipt thereof.\n (i) employers are prohibited from using public assistance funds to\nencourage or discourage membership in, or participation in the\nactivities of, any employee organization and each employer provides to\nthe social services district assurances that no such funds will be used\nfor such purposes.\n (j) nothing herein shall be construed to affect, modify or otherwise\nabridge any provision of the civil service law.\n