Code of Maryland Regulations
Title 07 - DEPARTMENT OF HUMAN SERVICES
Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION
Chapter 07.03.16 - Refugee Cash Assistance
Section 07.03.16.07 - Employment Registration and Participation

Universal Citation: MD Code Reg 07.03.16.07

Current through Register Vol. 51, No. 6, March 22, 2024

A. An employable individual shall:

(1) Register for and, within 30 days of receipt of RCA, participate in refugee employment services;

(2) Go to a job interview that is arranged by the LDSS, the refugee employment services contractor, or the local resettlement agency;

(3) Accept at any time, from any source, an offer of employment, as determined to be appropriate by the LDSS, the refugee employment services contractor, or the local resettlement agency;

(4) Participate in any employability service program that provides job or language training in the area in which the individual resides, which is determined to be available and appropriate for that individual; and

(5) Participate in any targeted assistance program in the area in which the individual resides, which is determined to be available and appropriate for that individual.

B. The LDSS or the employment services contractor shall permit, but may not require, the voluntary registration for employment services of an individual who is exempt as listed in §E of this regulation.

C. The applicant or recipient shall register for services regardless of:

(1) The date of entry into the United States; and

(2) Whether the individual has a social security number.

D. The LDSS shall refer the employable individual to the Employment Security Administration (ESA) to register for employment in those jurisdictions where refugee employment services are not available.

E. Exemptions from Employability Services.

(1) An individual is exempt from employability services if the individual is:
(a) Verified to be physically or mentally unfit to participate in employability services;

(b) An adult needed in the home to care for a severely disabled individual living in the home, regardless of whether the disabled individual is in the assistance unit;

(c) An adult working 30 hours or more per week and earning at least minimum wage in unsubsidized employment expected to last a minimum of 30 days;

(d) A child younger than 16 years old, or younger than 22 years old and regularly attending full time classes in a grade school or secondary school;

(e) 65 years old or older; or

(f) A parent or caretaker relative who personally provides full-time care for a child younger than 3 years old.

(2) The exempt individual may volunteer to be in a work program.

F. Development of an Employability Plan.

(1) The LDSS or employment services contractor shall develop an individual employability plan as part of a family self-sufficiency plan for each recipient of RCA who is not exempt as described in §E of this regulation.

(2) If the local resettlement agency which sponsored the refugee has developed a plan, the LDSS may accept this plan if it determines that the plan is appropriate for the refugee and meets the requirements in §F(3) of this regulation.

(3) The employability plan:
(a) Shall be designed to lead to the earliest possible employment;

(b) May not be structured in such a way as to discourage or delay employment or job seeking; and

(c) Shall contain a definite employment goal, attainable in the shortest time period consistent with the employability of the individual in relation to job openings in the area.

G. Criteria for Appropriate Employability Services and Employment.

(1) The LDSS or employment services contractor shall determine if employability services and employment are appropriate.

(2) The services or employment shall meet the following criteria:
(a) All assignments shall be within the scope of the individual's employability plan, which shall be modified if necessary to reflect changed services or employment conditions;

(b) The services or employment shall be related to the capability of the individual to perform the task on a regular basis;

(c) The total daily commuting time to and from home to the service or employment site may not normally exceed 2 hours;

(d) The service or work site to which the individual is assigned may not be in violation of applicable federal, State, or local health and safety standards;

(e) Assignments may not be made which are discriminatory in terms of age, sex, race, religion, color, or national origin;

(f) Appropriate work may be temporary, permanent, full-time, part-time, or seasonal work if the work meets the other standards of this section;

(g) The wage shall meet or exceed the federal minimum wage; and

(h) The daily hours of work and the weekly hours of work may not exceed those customary to the occupation.

(3) An individual may not be required to accept employment if:
(a) The position offered is vacant due to a strike, lockout, or other bona fide labor dispute; or

(b) The individual would be required to work for an employer contrary to the conditions of the individual's existing membership in the union governing that occupation.

(4) If an employed individual is a professional in need of professional refresher training and other recertification services in order to qualify to practice the individual's profession in the United States, the training may consist of full-time attendance in a college or professional training program, if the training:
(a) Is approved as part of the individual's employability plan by the LDSS or employment contractor;

(b) Does not exceed 1 year's duration;

(c) Is specifically intended to assist the professional in becoming relicensed in the individual's profession; and

(d) If completed, can realistically be expected to result in relicensing.

(5) A refugee shall accept an appropriate job offer, without regard to whether the job would interrupt a program of services planned or in progress unless the refugee is currently participating in a program in progress of on-the-job training, or vocational training which meets the requirements of this section and which is part of an approved employability plan.

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