TITLE
8 SOCIAL SERVICES
CHAPTER
102 CASH ASSISTANCE PROGRAMS
PART
462 NEW MEXICO WAGE SUBSIDY
PROGRAM
8.102.462.1 ISSUING AGENCY: New Mexico Human Services Department.
[8.102.462.1 NMAC - N, 04/01/2012]
8.102.462.2 SCOPE: The rule applies to the general public.
[8.102.462.2 NMAC - N, 04/01/2012]
8.102.462.3 STATUTORY AUTHORITY:
A. New Mexico Statutes Annotated 1978 (Chapter 27,
Articles 1 and 2) authorize the state to administer the aid to families with
dependent children (AFDC), general assistance (GA), shelter care supplement,
the burial assistance programs and such other public welfare functions as may
be assumed by the state.
B. The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 created the temporary assistance for
needy families (TANF) block grant under Title IV of the Social Security
Act. Through the New Mexico Works Act of
1998, NMSA 1978, Section 27-2B-1 et seq., the New Mexico works program was created.
[8.102.462.3 NMAC - N, 04/01/2012]
8.102.462.4 DURATION: Permanent.
[8.102.462.4 NMAC - N, 04/01/2012]
8.102.462.5 EFFECTIVE DATE: April 1, 2012, unless a later date is cited
at the end of a section.
[8.102.462.5 NMAC - N, 04/01/2012]
8.102.462.6 OBJECTIVE:
A. The purpose of the New Mexico works (NMW) program is
to improve the quality of life for parents and children by increasing family
income, resources and support. The
further purpose of the program is to increase family income through family
employment and child support and by utilizing cash assistance as a support
service to enable and assist parents to participate in employment. This is achieved by participation in, and
successful completion of the activities described in this part.
B. The
New Mexico wage subsidy program is a subsidized employment opportunity where a
TANF cash assistance participant is employed full time. The department or its agents may subsidize
the up to 50 percent of the employee’s salary with funds from the TANF block
grant. Funding of the program is contingent
on specific appropriation of state and federal funding.
[8.102.462.6 NMAC - N, 04/01/2012]
8.102.462.7 DEFINITIONS: [Reserved]
8.102.462.8 CASE ADMINISTRATION FOR THE NEW MEXICO
WAGE SUBSIDY PROGRAM: The New Mexico
wage subsidy program is a subsidized employment opportunity where a TANF cash
assistance participant is employed full-time.
Payments to employers are made from TANF block grant funds.
A. Initial eligibility:
Active participants in the TANF/NMW program may
be referred to participating employers to be considered for a New Mexico wage
subsidy position. To be eligible for
these positions, the participant must meet the following criteria:
(1) have sufficient work experience;
(2) be a registered participant in NMW;
(3) is not in current conciliation or being sanctioned for
non-cooperation with the NMW work requirements or child support requirements;
(4) have citizenship documentation and a social security number;
and
(5) have verification of their highest educational level
attained.
B. Certification
period: A participant may be
employed through the New Mexico wage subsidy program for up to 12 months.
C. Effects on TANF cash assistance:
(1) the participant is ineligible for TANF cash assistance while
participating in the wage subsidy program;
(2) the months of participation in the wage subsidy program will
not count against a participant’s 60 month term limit;
(3) the participant remains eligible for medicaid;
(4) the participant’s wages count against as income for
determining food stamp eligibility.
(5) the
participant may be eligible for a supplemental cash assistance payment if the
wage subsidy employment is lost during the month, or if the net monthly
full-time wage paid to the participant is less than the TANF cash assistance to
which the participant would otherwise be eligible; and
(6) the participant’s earnings are exempt from HUD housing
determinations.
D. Continued eligibility: the following requirements must
be met for to ensure continued participation in the New Mexico wage subsidy
program:
(1) the participant must remain eligible for TANF for the
duration of the wage subsidy employment term;
(2) must maintain satisfactory attendance at the employment
site; and
(3) continued NMW participation by the second parent in a two
parent family.
[8.102.462.8 NMAC - Rp,
8.102.460.32 NMAC, 04/01/2012]
8.102.462.9 PROGRAM LIMITATIONS:
A. Failure to comply with other requirements:
The benefit group shall be transitioned back to the NMW cash assistance and
appropriate sanctions applied if a participant fails or refuses to comply with
child support enforcement, or school attendance, or reporting requirements in
the NMW cash assistance program. The transition is effective in the month following
the month the failure or refusal to comply is established.
B. Two-parent family: In a two-parent family where only one of the
parents is a participant in the New Mexico wage subsidy program, the other
parent, if considered as a mandatory participant in the NMW work program, shall
be required to participate in qualified work activities for a minimum of 30
hours per week. At least 20 hours a week
must be spent in qualified primary work activities.
C. If
a wage subsidy participant voluntarily quits a job without good cause, as
determined by the NMW service provider or the department, the participant will
no longer be considered for participation in the wage subsidy program. Refer to 8.102.620 NMAC for good cause
provisions.
D. The
TANF cash assistance participant will then have 10 days to notify the NMW
service provider and renew work participation activities or be subject to the
conciliation/sanction process for non-compliance with the work program.
[8.102.462.9 NMAC - Rp,
8.102.460.32 NMAC, 04/01/2012]
8.102.462.10 REquirements
for participating employers: Participating employers shall:
A. hire NMW participants for subsidized positions and offer a
reasonable possibility of unsubsidized employment after the subsidy period;
B. not
require participants to work in excess of forty hours
per week;
C. pay a wage that is equal to the wage paid to permanent
employees performing the same job duties and no less than the federal minimum
wage;
D. ensure that the subsidized employment does not impair an
existing contract or collective bargaining agreement;
E. ensure that the subsidized employment does not displace
currently employed persons or fill positions that are vacant due to a layoff;
F. maintain
health, safety and work conditions at or above levels generally acceptable in
the industry and not less than those of comparable jobs offered by the
employer;
G. provide on-the-job training necessary for subsidized
participants to perform their duties;
H. sign an agreement for each placement outlining the specific
job offered to a subsidized employee and agreeing to abide by all of the
requirements of the wage subsidy program;
I. provide workers’ compensation coverage for each subsidized
employee;
J. provide
other benefits (includes but is not be limited to, health care coverage, paid
sick leave, holiday and vacation pay) equal to those for new employees, or as
required by state and federal law, whichever is greater; and
K. inform
the department of any absences resulting in leave without pay; and
L. proceed
with termination of any New Mexico wage subsidy employee who has used an excess
of 16 hours excused absences in a month or 80 cumulative hours over the course
of the wage subsidy term.
[8.102.462.10 NMAC - Rp,
8.102.460.32 NMAC, 04/01/2012]
8.102.462.11 DEPARMENT REQUIREMENTS: The department shall:
A. suspend
regular TANF cash assistance payments to the benefit group for the calendar
month in which an employer makes the first subsidized wage payment to a
participant in the benefit group;
B. pay
employers each month, from the TANF block grant, an amount that equals fifty
percent of the wages paid by the employer to program participants;
C. issue
a supplemental TANF cash assistance payment if the net monthly full-time wage
paid to the participant is less than the TANF cash assistance amount for which
the participant would otherwise be eligible;
D. reimburse
the participating employer each month through current invoice procedures; and
E. assist the work program contractor by referring participants
who may be eligible for the New Mexico wage subsidy program.
[8.102.462.11 NMAC - Rp,
8.102.460.32 NMAC, 04/01/2012]
8.102.462.12 NMW SERVICE PROVIDER REQUIREMENTS: The department’s NMW service provider shall:
A. provide an orientation for all participants who are accepted
into the wage subsidy program;
B. identify eligible participants and refer them to potential
employers;
C. submit a list of referrals to the local ISD office to verify
eligibility for NMW cash assistance;
D. assist
the TANF cash assistance participant in submitting applications for employment;
and
E. provide case management by monitoring employee work efforts
and production to ensure job retention.
[8.102.462.12 NMAC - Rp,
8.102.460.32 NMAC, 04/01/2012]
8.102.462.13 LEAVE BALANCES
AND ABSENCES:
A. Annual and sick leave:
While participating in the NMW wage subsidy program, the participant is
entitled to accrue a balance of both sick and annual leave, as provided by the
employer.
B. Excused
absences: Participants are entitled
to unpaid excused absences at the discretion of the site supervisor or NMW
service provider. A participant may not
be allowed more than 16 hours of unpaid excused absences in any month or 80
hours cumulatively during the wage subsidy term, without good cause. Absences are approved by the site supervisor
or by the NMW service provider.
C. Absences
in excess of the accrued annual, sick and the unpaid excused absence totals
will result in termination of the NMW wage subsidy activity and the participant
will be subject to the conciliation and sanction process in accordance with
regulation at 8.102.620 NMAC. The
appropriate termination process dictated by the employer’s human resources
procedures shall be followed.
[8.102.462.13 NMAC - Rp,
8.102.460.32 NMAC, 04/01/2012; A, 11/01/14]
HISTORY OF 8.102.462 NMAC:
NMAC
History:
8
NMAC 3.FAP.460, Work Program Activities, filed 06/16/1997.
8
NMAC 3.FAP.460, Work Program Activities, filed 06/16/1998.
History of Repealed Material:
8.102.460
NMAC, Recipient Policies - Defining Group Work Program Activities, filed
03/02/2001 - Repealed effective 07/01/2001.
8.102.460
NMAC, Recipient Policies - Defining Group Work Program Activities, filed
06/18/2001 - Repealed effective 07/16/2007.
8.102.460
NMAC, Recipient Policies - Defining Group Work Program Activities, filed
07/02/2007 - Repealed effective 04/01/2012.