N.M. Admin. Code § 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.
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