[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.81]



[Page 361-363]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

    Subpart F_Requirements for Employability Services and Employment

 

Sec.  400.81  Criteria for appropriate employability services and employment.



    The State agency or its designee must determine if employability 

services and employment are appropriate in accordance with the following 

criteria:

    (a) The services or employment must meet the following criteria, or, 

if approved by the Director, the comparable



[[Page 362]]



criteria applied by the State in an alternative program for TANF 

recipients:

    (1) All assignments must be within the scope of the individual's 

employability plan. The plan may be modified to reflect changed services 

or employment conditions.

    (2) The services or employment must be related to the capability of 

the individual to perform the task on a regular basis. Any claim of 

adverse effect on physical or mental health must be based on adequate 

medical testimony from a physician or licensed or certified psychologist 

indicating that participation would impair the individual's physical or 

mental health.

    (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 child care is required, the care must meet the standards 

normally required by the State in its work and training programs for 

TANF recipients.

    (5) The service or work site to which the individual is assigned 

must not be in violation of applicable Federal, State, or local health 

and safety standards.

    (6) Assignments must not be made which are discriminatory in terms 

of age, sex, race, creed, color, or national origin.

    (7) Appropriate work may be temporary, permanent, full-time, part-

time, or seasonal work if such work meets the other standards of this 

section.

    (8) The wage shall meet or exceed the Federal or State minimum wage 

law, 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.

    (9) The daily hours of work and the weekly hours of work shall not 

exceed those customary to the occupation. And

    (10) No individual may be required to accept employment if:

    (i) The position offered is vacant due to a strike, lockout, or 

other bona fide labor dispute; or

    (ii) The individual would be required to work for an employer 

contrary to the conditions of his existing membership in the union 

governing that occupation. However, employment not governed by the rules 

of a union in which he or she has membership may be deemed appropriate.

    (11) 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 local labor 

market. The training must also be likely to lead to employment which 

will meet the appropriate work criteria.

    (b) If an individual is a professional in need of professional 

refresher training and other recertification services in order to 

qualify to practice his or her profession in the United States, the 

training may consist of full-time attendance in a college or 

professional training program, provided that such training: Is approved 

as part of the individual's employability plan by the State agency, or 

its designee; does not exceed one year's duration (including any time 

enrolled in such program in the United States prior to the refugee's 

application for assistance); is specifically intended to assist the 

professional in becoming relicensed in his or her profession; and, if 

completed, can realistically be expected to result in such relicensing. 

This training may only be made available to individuals who are 

employed.

    (c) A job offered, if determined appropriate under the requirements 

of this subpart, is required to be accepted by the refugee without 

regard to whether such 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 (as described in Sec.  

400.154(c)) or vocational training (as described in Sec.  400.154(e)) 

which meets the requirements of this part and which is being



[[Page 363]]



carried out as part of an approved employability plan.



[54 FR 5477, Feb. 3, 1989, as amended at 65 FR 15448, Mar. 22, 2000]



    Failure or Refusal To Accept Employability Services or Employment