346-102 Public service employment; established. (a) The department of human services shall be responsible for providing employment on public works projects as defined in section 346-71, for persons:

(1) Receiving full or partial public assistance from the State;

(2) Receiving unemployment compensation benefits from the State whose benefits thereunder are within the last two weeks of eligibility and who upon termination of unemployment compensation benefits will be eligible for full or partial public assistance from the State; or

(3) Who reside on an island where the primary economic base providing employment for such persons is lost or is in danger of being lost.

Public assistance recipients participating in public service employment shall be considered to be employees of the department; provided however that except for coverage under the workers' compensation law, laws relating to civil service, classification, retirement, vacation, sick leave, and other matters relating to regular public employees shall not apply to such persons.

(b) The department shall promulgate rules under chapter 91 necessary to carry out the purposes of public service employment, including but not limited to the following:

(1) The employment of public assistance recipients shall not displace any state or county employee or any individual performing work for the State or county on a contractual basis;

(2) The minimum period of employment shall not be less than four calendar weeks; and

(3) There shall be no discrimination based on race, color, creed, sex, age, religion, or national origin. [L 1973, c 177, pt of 2; am L Sp 1974, c 1, 2; am L 1975, c 41, 1; am L 1987, c 339, 4]


Revision Note


In subsection (a)(1), "or" deleted pursuant to 23G-15.



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