N.M. Admin. Code § 8.102.460.16

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.102.460.16 - CALCULATING HOURS

A. Total monthly hours are calculated by a weekly average of core and non-core hours.

B. Time spent traveling to and from the work-site, location where child care is provided, or both, do not count as hours of participation.

C. For paid work activities:

(1) paid leave and holiday time count as actual hours;

(2) hours shall be anticipated prospectively and verification provided no more than every six months.

D. For non-paid activities allowable excused absences count as actual hours when:

(1) the absence occurs on a day that the participant is scheduled to participate in an activity; and

(2) is considered excused by the institution or sponsoring agency.

E. For non-paid activities allowable holiday absences count as actual hours when:

(1) the absence scheduled holiday occurs on a day that the participant would have been scheduled to participate in an activity; and

(2) the absence is a scheduled holiday as recognized by the department and determined at the beginning of each federal fiscal year.

F. A participant may be granted no more than 80 hours of excused absences within a 12 month period and no more than 16 hours in any one month. Any excused absence cannot exceed the number of hours the participant was scheduled to work during the period of the absence.

G. Non-paid work experience and community service participation hours are limited to the Fair Labor Standards Act (FLSA) rules. The FLSA is used to determine the maximum number of hours the department can require a participant to meet. Upon receipt and verification of meeting the maximum number of hours required by the FLSA calculation and the number is less than the core work hour requirement, the remaining hours may be deemed up to the core hour requirement. The maximum amount of weekly hours required by the FLSA is calculated as follows:

(1) Single parent: Add the monthly TANF cash assistance grant amount (prior to any reductions) to the monthly food stamp benefit and divide by the federal or state minimum wage, whichever is higher, and divide by 4.3.

(2) Two-parent: The calculation of participation requirement hours is the same as a single parent.

N.M. Admin. Code § 8.102.460.16

8.102.460.16 NMAC - N, 4/1/2012