1. Suitable
training methods may include:
A. On-the-job
training that includes related education necessary to acquire skills needed for
a position with a particular occupation in the firm or elsewhere, including
training for which the firm pays the costs. This ensures that on-the-job
training provides the skills necessary for the individual to obtain employment
in an occupation rather than a particular job at a specific site. On-the-job
training may be approved only if the agency determines that:
(1) No currently employed individual is
displaced by such eligible worker, including partial displacement such as a
reduction in the hours of non-overtime work, wages, or employment
benefits;
(2) Such training does
not impair existing contracts for services or collective bargaining
agreements;
(3) In the case of
training which would be inconsistent with the terms of a collective bargaining
agreement, written concurrence has been obtained from the concerned labor
organization;
(4) No other
individual is on layoff from the same or any substantially equivalent job for
which such eligible worker is being trained;
(5) The employer has not terminated the
employment of any regular employee or otherwise reduced the workforce with the
intention of filling the vacancy so created by hiring the eligible
worker;
(6) The job for which the
eligible worker is being trained is not being created in a promotional line
that will infringe in any way upon the promotional opportunities of currently
employed individuals;
(7) Such
training is not for the same occupation from which the worker was separated and
with respect to which such worker's group was certified pursuant to section 2
the Act;
(8) The employer is
provided reimbursement of not more than 50 percent of the wage rate of the
participant, for the cost of providing the training and additional supervision
related to the training
(9) The
employer has not received payment under the TAA program or under any other
federal law for any other on-the-job training provided by such employer which
failed to meet the requirements of paragraphs (1) through (6) of this section
or such other federal law; and
(10)
The employer has not taken, at any time, any action which violated the terms of
any certification described in paragraph (8) of this section made by the
employer with respect to any other on-the-job training provided by the employer
for which the employer has received payment under the TAA program.
(11) On-the-job training shall not be
approved for an adversely affected incumbent worker.
B. Institutional training, with priority
given to providing the training in public area vocational education schools, if
it is determined that such schools are at least as effective and efficient as
other institutional alternatives. These programs may include:
(1) Programs approved by the Maine Department
of Labor established under the Workforce Investment Act;
(2) Any program of remedial education:
(a) The duration of remedial/basic education
courses must relate directly to the individual's occupational goal as developed
through assessment and the Individual Service Strategy. The correlation between
the duration of remedial/basic education and the individual's occupational goal
must be documented in the Individual Service Strategy;
(b) Full time training for remedial programs
must include nine (9) hours of classroom training;
(3) Proprietary schools approved by the
Department of Education;
(4) Any
other training program approved by the Department of Labor, such as apprentice
programs, community college associate and certificate programs, trade school
programs, and degree programs, if appropriate;
C. Any training program for which all or any
portion of the costs of training are paid under any other federal or state
program (other than under the Trade Act), or from any other source, including
scholarships, but not including sources personal to the individual, such as
self, relatives, and friends
