N.M. Stat. § 27-2B-19
Subsidized employment.
A. The department may administer a wage subsidy program based on availability of
federal and state funds.
B. The wage subsidy program shall include the following requirements:
(1)
participating employers shall hire participants who receive cash assistance
for subsidized job slots that are full time and that offer a reasonable possibility of
unsubsidized employment after the subsidy period;
(2)
participating employers shall receive a subsidy for up to twelve months;
(3)
subsidized employees shall not be required to work in excess of forty
hours per week;
(4)
subsidized employees shall be paid a wage that is substantially like the
wage paid for similar jobs with the employer with appropriate adjustments for
experience and training but not less than the federal minimum hourly wage;
(5)
subsidized employment does not impair an existing contract or collective
bargaining agreement;
(6)
subsidized employment does not displace currently employed workers or
fill positions that are vacant due to a layoff;
(7)
wage subsidy employers shall:
(a) maintain health, safety and working conditions at or above levels generally
acceptable in the industry and not less than those of comparable jobs offered by the
employer;
(b) provide on-the-job training necessary for subsidized employees to perform
their duties;
(c) sign an agreement for each placement outlining the specific job offered to
a subsidized employee and agree to abide by all of the requirements of the program;
(d) provide workers' compensation coverage for each subsidized employee;
and
(e) provide the subsidized employee with benefits equal to those for new
employees or as required by state and federal law, whichever is greater;
(8)
the department shall determine whether a participant is eligible to be a
subsidized employee by establishing:
(a) that the participant has sufficient work experience to obtain unsubsidized
employment;
(b) that the participant has completed an employment preparation program; or
(c) that the department or participant may benefit from this employment
strategy;
(9)
a disregard of income earned by the subsidized employee in the
subsidized job shall be applied in the eligibility determination for services;
(10)
the department shall suspend regular payments of cash assistance to the
benefit group for the calendar month in which an employer makes the first subsidized
wage payment to a subsidized employee who is otherwise eligible for cash assistance
and food stamps;
(11)
the department shall pay employers each month, from cash assistance;
(12)
a subsidized employee shall be eligible for supplemental payments if the
net monthly full-time wage paid to the subsidized employee is less than the monthly
total of the cash assistance the participant is eligible to receive. The department shall
authorize issuance of a supplemental cash payment to compensate for the deficit. To
determine if a deficit exists, the department shall adopt an equivalency scale that is
adjustable to household size and other factors; and
(13)
the department shall determine monthly and pay in advance supplemental
payments to eligible subsidized employees. In calculating the payment, the department
shall assume that the subsidized employee will work forty hours per week during the
month unless an employer provides information that the number of hours to be worked
by the subsidized employee will be reduced.
C. For the purposes of this section, "benefits" includes health care coverage, paid
sick leave and holiday and vacation pay.
D. For the purposes of this section, "subsidized employee" means a participant
engaged in a subsidized employment activity.
E. For the purposes of this section, "net monthly full-time wage" means a subsidized
employee's wages after the required payroll deductions.