TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 167
PUBLIC ASSISTANCE TO BLIND, AGED, OR DISABLED PERSONS, AND TO DEPENDENT CHILDREN

New Hampshire Employment Program and Family Assistance Program

Section 167:85

    167:85 Employment Program Work Component; Employment-Related Activities. –
The primary purpose of assignment to activities is to prepare the client for work and towards the long term ability to achieve self sufficiency. All applicants and participants in the employment program shall attend and participate in required appointments, employment contract development, and employment-related activities for eligibility into, and while participating in, the program unless temporarily exempt from participation as authorized by RSA 167:82, II. Noncompliance with employment-related activities without good cause shall be subject to financial assistance reductions and case closure pursuant to RSA 167:82, III and IV.
I. The commissioner shall determine the priority of assignment to employment activities and interim activities and the hours of participation in order to promote and provide the skills and training to meet the requirements of long term economic independence in RSA 167:77, IV and V.
II. The commissioner shall make strong efforts to meet the federal work participation rate requirements while assigning employment-related activities that meet the goals stated in the introductory paragraph.
III. An individual is participating in work and work activities for a month in a fiscal year if the individual is participating in work activities for a minimum of 30 hours per week, except as provided in paragraphs V and VI.
IV. Activities may include:
(a) Unsubsidized employment.
(b) Subsidized private sector employment.
(c) Subsidized public sector employment.
(d) Work experience if sufficient private sector employment is not available.
(e) On-the-job training. A participant shall make satisfactory progress in the employment placement to continue to qualify as an employment-related activity under the employment program.
(f) Job search, where participants are required to contact employers and participate in other appropriate job-seeking activities directed toward obtaining full-time, unsubsidized employment and job readiness assistance and life skills including parenting skills.
(g) Community service programs.
(h) Vocational educational training, provided that:
(1) All training shall emphasize vocational skills training for participants in a specific occupational area with priority given to the needs of New Hampshire employers.
(2) The commissioner shall require an assessment for referral to training programs to determine the appropriateness of the training in accordance with employer needs and the criteria established by the commissioner by rules adopted pursuant to RSA 541-A.
(3) Final approval of the training program shall be the responsibility of the commissioner. To the extent possible, Workforce Investment Act funds shall be used.
(4) An extension beyond the federal limitation may be granted if deemed necessary in order to provide for successful transition to employment and long term economic independence.
(i) Postsecondary educational activities. The commissioner may refer a participant to postsecondary education if it appears that postsecondary education will contribute to the family's ability to achieve long-term economic independence. All postsecondary education shall emphasize vocational skills training for participants in a specific occupational area with priority given to the needs of New Hampshire employers. The commissioner shall conduct an assessment for referral to postsecondary educational programs to determine the appropriateness of the post secondary education in accordance with the criteria established by the commissioner by rules adopted pursuant to RSA 541-A. Final approval of the postsecondary educational program shall be the responsibility of the commissioner. An extension beyond the federal limitation may be granted if deemed necessary in order to provide a successful transition to employment and long term economic independence.
(j) The provision of child care services to an individual who is participating in a community service program.
(k) Job skills training directly related to employment.
(l) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.
(m) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.
(n) Interim activities described in RSA 167:91.
V. A recipient who is married or is a single head of household and has not attained 20 years of age shall be required to maintain satisfactory attendance at secondary school or the equivalent during the month or participate in education directly related to employment for at least 20 hours per week pursuant to federal regulations.
VI. A single parent with a child under 6 years of age shall be deemed to be meeting work participation requirements if participating in work activities for 20 hours per week.
VII. A person temporarily exempted under RSA 167:82, II may participate in the employment program on a voluntary basis to the extent that the program is available and funding and resources are sufficient as determined by the commissioner. If such a person participating in the employment program does not meet the requirements of this section without good cause pursuant to RSA 167:82, the person shall not re-enroll for 3 months.
VIII. Recipients who are working at least 30 hours per week in paid employment shall not be subject to time limit requirements or be required to attend any meetings that interfere with their work schedule or require them to lose pay.
IX. The commissioner shall waive requirements under this section if funding, resources, and support services are not available to administer this section.

Source. 1995, 310:62. 2006, 325:14. 2007, 349:14, eff. Sept. 14, 2007.