New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 119 - REFUGEE RESETTLEMENT PROGRAM
Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS
Section 8.119.410.11 - EMPLOYMENT TRAINING AND WORK REGISTRATION
Universal Citation: 8 NM Admin Code 8.119.410.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. Requirement:
(1) All employable refugees who receive RCA,
and all employable members of the assistance group of which they are part, must
register for employment with an appropriate agency providing employment
services or the department of workforce solutions (NMDWS), and must accept an
employment or training opportunity from any source which is determined
appropriate for that refugee by HCA.
(2) Refugees may register for employment
services with the contracted provider of the RSS program. As a condition of
eligibility each employable member of the benefit group must complete, and
comply with, an IEP with the contracted RSS provider. Failure to comply with
the IEP may result in disqualification from RCA.
(3) As a condition for receipt of RCA a
refugee who is not otherwise exempt, or does not demonstrate good cause, must:
(a) go to job interviews that are arranged by
HCA, the contracted RSS provider, or the resettlement agency which was
responsible for the initial resettlement of the refugee;
(b) accept at any time an offer of
employment, determined to be appropriate by HCA, the contracted RSS provider,
or the resettlement agency which was responsible for the initial resettlement
of the refugee; and
(c) participate
in any employability services program which provides job or language training
in the area in which the refugee resides, as deemed to be appropriate by HCA,
the contracted RSS provider, or the resettlement agency which was responsible
for the initial resettlement of the refugee.
(4) The ISD office shall contact the local
sponsor or resettlement agency to determine if the refugee has refused, within
30 days of application, an offer of employment or has voluntarily quit a job
without good cause.
B. Appropriateness of placement:
(1) Employment
placements must be within the scope of the individuals IEP; the plan may be
modified to reflect changes in services or employment conditions.
(2) Services and employment must be related
to the capability of the individual to perform the task on a regular basis.
Claims, by the individual, of adverse effect on physical or mental health must
be based on medical verification from a physician or licensed or certified
psychologist;
(3) The total daily
commuting time to and from home to the service or employment site must not
normally exceed 2 hours, not including the transporting of a child to and from
a child care facility, unless a longer commuting distance or time is generally
accepted in the community, in which case the round trip commuting time must not
exceed the generally accepted community standards.
(4) When childcare is required, the care must
meet the standards normally required by the state for NMW recipients.
(5) The service or employment site to which
the individual is assigned must not be in violation of applicable federal,
state, or local health and safety standards.
(6) Assignments may not be made that are
discriminatory in terms of age, sex, race, creed, color, or national
origin.
(7) Appropriate employment
placements may be temporary, permanent, full-time, part-time, or seasonal
employment if such employment meets the other standards of this
section.
(8) The service or work
site must comply with all applicable federal, state, and local labor laws and
regulations.
(9) The wage shall
meet or exceed the federal or state minimum wage, whichever is applicable, or
if such laws are not applicable, the wage shall not be substantially less
favorable than the wage normally paid for similar work in that labor
market.
(10) The daily hours of
work and the weekly hours of work shall not exceed those customary to the
occupation.
(11) No individual may
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 their
existing membership in the union governing that occupation; however, employment
not governed by the rules of a union in which they have membership may be
deemed appropriate.
(12)
In addition to meeting the other criteria of this paragraph, the quality of
training must meet local employers' requirements so that the individual will be
in a competitive position within the labor market; the training must be likely
to lead to employment which will meet the appropriate work criteria.
(13) If an individual is a professional in
need of professional refresher training and other recertification services in
order to qualify to practice their profession in the U.S., the training may
consist of full-time attendance in a college or professional training program,
provided that such training:
(a) is approved
as a part of the individual's employability plan by the state agency;
(b) does not exceed one year's duration
(including any time enrolled in such program in the U.S. prior to the refugee's
application for assistance);
(c) is
specifically intended to assist the professional in becoming relicensed in
their profession; and if completed,
(d) can realistically be expected to result
in such relicensing; and
(e) may
only be made available to individuals who are employed.
C. Job offers: A job offer, if determined appropriate under the requirements of this section, must be accepted by the refugee without regard to whether such job would interrupt a program of services planned or in progress.
D. Failure or refusal to carry out job search or to accept employability services of employment:
(1) Voluntary registrants:
Voluntary registrants are recipients of refugee cash assistance who are exempt
from registration for training and employment services. When a voluntary
registrant fails or refuses to participate in appropriate employability
services, to carry out job search, or to accept an appropriate offer of
employment, the state agency, may remove the individual from the registry for
up to 90 days from the date of determination that such failure or refusal has
occurred, but the individual's cash assistance may not be affected.
(2) Mandatory registrants: A mandatory
registrant - i.e., an employable recipient of refugee cash assistance who is
not exempt from registration, who has failed or refused without good cause to
meet the requirements or has voluntarily quit a job, will be disqualified as
outlined in Subsection G below.
E. Work requirements - exemptions:
(1) An individual is considered employable
unless they are a minor dependent child. A minor unmarried parent, acting as a
head of household, is not considered to be a "dependent child," and is subject
to participation as an adult.
(2)
Inability to communicate in English does not exempt a refugee from registration
for employment services, participation in employability service programs,
carrying out job search, and acceptance of appropriate offers of
employment.
F. Refusal to accept or termination of employment:
(1)
Applicants: An applicant is not eligible if 30 consecutive calendar days
immediately prior to the receipt of aid, they have voluntarily quit a job
without good cause, refused to apply for, or accept an appropriate offer of
employment, as determined by HCA. The dependent family of such an ineligible
applicant may, however, remain eligible for RCA.
(2) Recipients: An employable recipient must
not have refused, without good cause, to go to a job interview which is
arranged by the RSS provider or have, without good cause, voluntarily quit a
job, or have refused to apply for or accept an appropriate offer of
employment.
(3) Job search: An
employable recipient shall attend job interviews, register for employment and
comply with the terms of their IEP. Termination of employment, by a recipient,
shall only be with good cause. Refusal by a recipient to fulfill the job search
requirement, or termination of employment without good cause is
noncompliance.
(4) Good cause:
Determination of good cause for noncompliance is made by the HCA case worker
and is based on the following documented circumstances:
(a) court required appearance or
incarceration;
(b) an individual is
already engaged in employment consistent with the work plan;
(c) a pregnant woman, starting with the 4th
month of pregnancy, provided that the pregnancy and the expected date of birth
have been medically verified;
(d)
medically verified illness of the participant or the participant's infant
child. An infant child is defined as a child under 12 months of age.
(5) The refugee must participate
in the employment program once good cause for noncompliance has been
remedied.
G. Disqualification: Disqualification will follow the procedures set forth below.
(1) Cause for disqualification: A refugee
recipient, who refuses an offer of employment, voluntarily quits employment
without good cause, as determined by HCA, or fails to comply with their IEP is
eligible for disqualification.
(2)
The refugee shall be provided with a notice of adverse action not less than 13
days prior to the termination date. Additionally, the refugee's sponsor or
resettlement agency will be notified of the action taken. The notice of adverse
action will follow the policy outlined in
8.100.180.10 NMAC. The notice may
include more than one instance of noncompliance or there may be separate
notices for each instance of noncompliance. Each instance of noncompliance must
be either resolved in a timely manner or a disqualification may
occur.
(3) If the refugee regains
compliance within the 30 day period after the initial date for noncompliance,
assistance shall be continued without interruption so long as the refugee
continues to meet the requirements of continued assistance.
(4) A disqualification consists of
termination of assistance beginning 30 days after the date of the
noncompliance. An employable RRP recipient is ineligible for benefits for the
following periods when assistance is terminated due to noncompliance;
(a) for three payment months for the first
occurrence.
(b) for six payment
months for the second and subsequent occurrences.
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