§ 335-b. Mandatory work requirements. 1. Each social services district
shall meet or exceed the minimum participation rate for recipients of
assistance funded under the federal temporary assistance for needy
families program participating in work activities as specified below
with respect to families receiving such assistance. Each such district
shall also meet or exceed the minimum participation rates for households
in which there is an adult who is receiving safety net assistance. Work
activities for which such rates apply are described in section three
hundred thirty-six of this title.

(a) Such rate for all families receiving assistance funded under the
federal temporary assistance for needy families program shall be as
follows: for federal fiscal year nineteen hundred ninety-seven,
twenty-five percent; nineteen hundred ninety-eight, thirty percent;
nineteen hundred ninety-nine, thirty-five percent; two thousand, forty
percent; two thousand one, forty-five percent; two thousand two and
thereafter, fifty percent. Such rates shall apply unless the state is
required to meet a different rate as imposed by the federal government,
in which case such different rate shall apply in accordance with a
methodology approved by the commissioner of the office of temporary and
disability assistance.

(b) Such rate for two-parent families receiving assistance funded
under the federal temporary assistance for needy families program shall
be as follows: for federal fiscal years nineteen hundred ninety-seven
and nineteen hundred ninety-eight, seventy-five percent; nineteen
hundred ninety-nine and thereafter, ninety percent. Such rate shall
apply unless the state is required to meet a different rate as imposed
by the federal government, in which case such different rate shall apply
in accordance with a methodology approved by the commissioner of the
office of temporary and disability assistance.

(c) Such rate for households with dependent children in which there is
an adult or minor head of household and which is receiving safety net
assistance shall be fifty percent.

(d) Calculation of participation rates. The commissioner of the office
of temporary and disability assistance shall promulgate regulations
which define the participation rate calculation. Such calculation for
families receiving assistance funded under the federal temporary
assistance for needy families program pursuant to article IV-A of the
social security act shall be consistent with that established in federal
law.

(e) Minimum work hours. In order for individuals to be included in the
participation rates specified in this subdivision, such individuals must
be engaged in work as defined in title IV-A of the social security act
and in this section for a minimum average weekly number of hours as
specified below.

(i) For all families, if the month is in federal fiscal year: nineteen
hundred ninety-seven and nineteen hundred ninety-eight, twenty hours per
week; nineteen hundred ninety-nine, twenty-five hours per week; two
thousand and thereafter, thirty hours per week.

(ii) For two-parent families or households without dependent children,
in any federal or state fiscal year, thirty-five hours per week.

(iii) In the case of a two-parent family receiving federally funded
child care assistance and a parent in the family is not disabled or
caring for a severely disabled child, the individual and the other
parent in the family are participating in work activities for a total of
at least fifty-five hours per week during the month, not fewer than
fifty hours of which are attributable to activities described in
paragraphs (a) through (h) and (l) of subdivision one of section three
hundred thirty-six of this title.

(f) Such rate for households without dependent children in which there
is an adult or minor head of household and which is receiving safety net
assistance shall be fifty percent.

2. Engaged in work for a month shall mean participating in work
activities identified in subdivision one of section three hundred
thirty-six of this title for the required number of hours specified in
this section provided, however, that at least twenty hours of such
participation, or thirty hours for two-parent families, or fifty hours
for two-parent families receiving federally funded child care as set
forth in subparagraph (iii) of paragraph (d) of subdivision one of this
section, shall be attributable to the activities described in paragraphs
(a) through (h) and (l) of subdivision one of section three hundred
thirty-six of this title, or for households without dependent children
at least twenty hours of participation shall be attributable to the
activities set forth in paragraphs (a) through (h) and (l) of
subdivision one of section three hundred thirty-six of this title, and
further provided that participation in job search and job readiness
assistance as identified in paragraph (f) of subdivision one of section
three hundred thirty-six of this title shall only be determined as
engaged in work for a maximum period of six weeks, only four of which
may be consecutive as otherwise limited by federal law; and that
individuals in all families and in two parent families may be engaged in
work for a month by reason of participation in vocational training to
the extent allowed by federal law. Any non-graduate student
participating or approved by CUNY, SUNY or another degree granting
institution, or any other state or local district approved education,
training or vocational rehabilitation agency to participate in
work-study, or in internships, externships, or other work placements
that are part of the curriculum of that student, shall not be
unreasonably denied the ability to participate in such programs and each
hour of participation shall count toward satisfaction of such student's
work activity requirements of this title provided that the district may
consider, among other factors, (a) whether the student has voluntarily
terminated his or her employment or voluntarily reduced his or her
earnings to qualify for public assistance pursuant to subdivision ten of
section one hundred thirty-one of this article; (b) whether a comparable
job or on the job training position can reasonably be expected to exist
in the private, public or not-for-profit sector; (c) that the student
has a cumulative C average or its equivalent, which may be waived by the
district for undue hardship based on (1) the death of a relative of the
student, (2) the personal injury or illness of the student, or (3) other
extenuating circumstances; and (d) whether the institution cooperates in
monitoring students attendance and performance and reports to the local
social services department monthly on each student. Failure of the
institution to monitor and report monthly to local social services
districts on attendance and performance of the student's work study,
internship, externship or other work placement shall be cause for the
department to reasonably deny the student's ability to participate in
such programs. Students shall be subject to sanctions equivalent to
those associated with failure to adequately satisfy their other required
work activities. In assigning a non-graduate student participating in
work-study, internships, externships or other work placements, pursuant
to this section, to other work activities the district shall make
reasonable effort to assign the student to hours that do not conflict
with the student's academic schedule.

3. For purposes of determining monthly participation rates under this
section, a recipient in a one parent family who is the only parent or
caretaker relative in the family of a child who has not attained six
years of age is deemed to be engaged in work for a month if the
recipient is engaged in work for an average of at least twenty hours per
week during the month.

4. For the purposes of this section, a recipient who is married or a
head of household and has not attained twenty years of age and who
maintains satisfactory school attendance in accordance with federal
requirements shall be deemed to be engaged in work to the extent allowed
by federal law and regulations.

5. (a) Each parent or caretaker of a child, when such parent or
caretaker is receiving public assistance, must be engaged in work as
established by the social services district in accordance with the
provisions of its local plan filed pursuant to section three hundred
thirty-three of this title.

(b) Each social services official shall ensure that each parent or
caretaker of a child, when such parent or caretaker is receiving
benefits under the federal temporary assistance for needy families
program, is required to be engaged in work as soon as practicable, but
no later than twenty-four months (whether or not consecutive) from
initial receipt of such assistance.

(c) Each social services official shall ensure that each parent or
caretaker of a child, when such parent or caretaker is receiving public
assistance, is engaged in work as soon as practicable. Provided,
however, that such social services official shall ensure that each
parent or caretaker of a child under the age of five is provided with
information regarding home visiting programs which meet the criteria
established pursuant to 42 U.S.C. 711 in their area, and that such home
visiting services may satisfy a portion of such individual's required
work activities.

(d) Each social services official shall ensure that each adult member
of a household without dependents, when such household is receiving
public assistance is engaged in work as soon as practicable.

(e) Notwithstanding any other requirement of this section, individuals
in receipt of public assistance and who are work limited in accordance
with section three hundred thirty-two-b of this title shall be assigned
to work activities in accordance with this title only if such
assignment:

(i) is consistent with the individual's treatment plan and is
determined to be appropriate by the social services official who is
satisfied that such person is able to perform the work assigned and that
such assignment will assist the individual's transition to
self-sufficiency. In the event that such assignment is not part of the
individual's treatment plan, the individual shall be deemed to be
engaged in work as defined in this subsection if he or she is complying
with the requirements of his or her treatment plan.

(ii) where no treatment plan exists, is consistent with the
individual's mental and physical limitations.

(f) The social services district shall communicate to the person
supervising the work assignment of a work limited recipient any
limitations of the recipient.

6. Recipients of safety net assistance who are exempt or work limited
pursuant to this title shall be determined to be engaged in work as
defined by department regulation.

7. Notwithstanding the participation rates set forth in subdivision
one of this section, for purposes of receiving the enhanced state
reimbursement for administration of income maintenance, food stamps, and
employment programs as set forth in subdivision seventeen of section one
hundred fifty-three of this article, the district must meet a fifty
percent average monthly participation rate for the following categories
of households in a fiscal year: households receiving assistance funded
under the federal temporary assistance for needy families block grant
program in which there is an adult or minor head of household; and
households with dependent children in which there is an adult or minor
head of household and which is receiving safety net assistance and
payment for which is used to meet the federally required maintenance of
effort for the temporary assistance for needy families block grant;
provided, however, that in the first state fiscal year in which this
subdivision shall have become a law, the participation rate shall be
calculated by averaging the monthly participation rate for the period
from October first, two thousand six to December thirty-first, two
thousand six and for the second year, the participation rate shall be
calculated by averaging the monthly participation rate for the period
from October first, two thousand six to September thirtieth, two
thousand seven, and for each year thereafter, the participation rate
shall be calculated by averaging the monthly participation rate for the
federal fiscal year.