(A)Is it allowable
for a supplemental nutrition assistance program (SNAP) employment and training (E&T) participant to displace a person from
employment?
Participants in the SNAP employment and
trainingE&T program shall not be
assigned to program activities that result in the displacement of other
persons. Displacement occurs when a participant's assignment results in
removing or discharging employees or otherwise denying such employment to
persons who:
(1)Are already
employed as regular full-time or part-time employees.
(2)Are or have
been employed full time or part time as participants in a subsidized employment
program/on-the-job training or in other publicly subsidized employment and
training programs.
(3)Are or have
been involved in a dispute between a labor organization and the employer or
sponsor.
(4)Have been laid
off and are either:
(a)Receiving
unemployment compensation; or
(b)Subject to
recall under the established policies of the employer or sponsor.
(B)Is it allowable
for a work experience program (WEP) or work-based learning (WBL) participant to
fill a vacant position?
(1)WEP and WBL
participants are not to be used to fill existing vacant positions. No
employment and training participant is to perform work that has the effect of
reducing the work or promotional opportunities of employees. They may, however,
perform the same type of work as the employee. Reducing the work of employees
means reducing the number of hours, wages or employment benefits of regular or
part-time employees, or reducing the number of positions that the employer
certifies would otherwise be filled by regular employees.
(2)WBL
participants are to be provided the same benefits and working conditions that
are provided at the job site to employees performing comparable work for
comparable hours.
Effective: 10/1/2023
Five Year Review (FYR) Dates: 7/17/2023 and 10/01/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 09/21/2023
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 5101.54, 329.04
Prior Effective Dates: 03/01/1983, 12/01/1987 (Emer.), 02/15/1988,
06/30/1989 (Emer.), 09/23/1989, 04/02/1990, 07/01/1991, 12/01/1995 (Emer.),
02/19/1996, 10/01/1997 (Emer.), 12/20/1997, 01/20/2003, 10/01/2007, 01/01/2013,
09/01/2018, 06/16/2022