§ 4486. APPROVAL OF EMPLOYER PROGRAMS.
1,069 words·~5 min read·
/usc/title-10/section-4486A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In General .— An employer may be paid assistance under section 4487(a) on behalf of an eligible person employed by such employer and participating in a program of job training offered by that employer only if the program is approved under this section. Except as provided in subsection (b), a proposed program of job training of an employer shall be approved unless the implementing official determines that the application does not contain a certification and other information meeting the requirements established under this subtitle or that withholding of approval is warranted under subsection (g).
Ineligible Programs .— A program of job training— for employment which consists of seasonal, intermittent, or temporary jobs; for employment under which commissions are the primary source of income; for employment which involves political or religious activities; for employment with any department, agency, instrumentality, or branch of the Federal Government (including the United States Postal Service and the Postal Rate Commission); or for employment outside of a State, may not be approved under this subtitle.
Application .— An employer offering a program of job training that the employer desires to have approved for the purposes of this subtitle shall submit to the implementing official a written application for such approval. Such application shall be in such form as such official shall prescribe. Certification .— An application under subsection
(c)shall include a certification by the employer of the following: That the employer is planning that, upon an eligible person’s completion of the program of job training, the employer will employ the eligible person in a position for which the eligible person has been trained and that the employer expects that such a position will be available on a stable and permanent basis to the eligible person at the end of the training period. That the wages and benefits to be paid to an eligible person participating in the employer’s program of job training will be not less than the wages and benefits normally paid to other employees participating in the same or a comparable program of job training in the community for the entire period of training of the eligible person. That the employment of an eligible person under the program— will not result in the displacement of currently employed workers (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits); and will not be in a job
(i)while any other individual is on layoff from the same or any substantially equivalent job, or
(ii)the opening for which was created as a result of the employer having terminated the employment of any regular employee or otherwise having reduced its work force with the intention of hiring an eligible person in such job under this subtitle. That the employer will not employ in the program of job training an eligible person who is already qualified by training and experience for the job for which training is to be provided. That the job which is the objective of the training program is one that involves significant training. That the training content of the program is adequate, in light of the nature of the occupation for which training is to be provided and of comparable training opportunities in such occupation, to accomplish the training objective certified under paragraph
(2)of subsection (e). That each participating eligible person will be employed full time in the program of job training. That the training period under the proposed program is not longer than the training periods that employers in the community customarily require new employees to complete in order to become competent in the occupation or job for which training is to be provided. That there are in the training establishment or place of employment such space, equipment, instructional material, and instructor personnel as are needed to accomplish the training objective certified under subsection (e)(2). That the employer will keep records adequate to show the progress made by each eligible person participating in the program and otherwise to demonstrate compliance with the requirements established under this subtitle. That the employer will furnish each participating eligible person, before the eligible person’s entry into training, with a copy of the employer’s certification under this subsection and will obtain and retain the eligible person’s signed acknowledgment of having received such certification. That, as applicable, the employer will provide each participating eligible person with the full opportunity to participate in a personal interview pursuant to section 4493(b)(1)(B) during the eligible person’s normal workday. That the program meets such other criteria as the Secretary, in consultation with the Secretary of Veterans Affairs and the Secretary of Labor, may determine are essential for the effective implementation of the program established by this subtitle. Hours and Training Content .— A certification under subsection
(d)shall include— a statement indicating
(A)the total number of hours of participation in the program of job training to be offered an eligible person,
(B)the length of the program of job training, and
(C)the starting rate of wages to be paid to a participant in the program; and a description of the training content of the program (including any agreement the employer has entered into with an educational institution under section 4489) and of the objective of the training. Status of Certified Matters .— Except as specified in paragraph (2), each matter required to be certified to in paragraphs
(1)through
(11)of subsection
(d)shall be considered to be a requirement established under this subtitle. For the purposes of section 4487(c), only matters required to be certified in paragraphs
(1)through
(10)of subsection
(d)shall be so considered. For the purposes of section 4490, a matter required to be certified under paragraph
(12)of subsection
(d)shall also be so considered. Withholding Approval; Disapproval .— In accordance with regulations which the Secretary shall prescribe, the implementing official may withhold approval of an employer’s proposed program of job training pending the outcome of an investigation under section 4491 and, based on the outcome of such an investigation, may disapprove such program. On-Job Training .— For the purposes of this section, approval of a program of apprenticeship or other on-job training for the purposes of section 3687 of title 38 , United States Code, shall be considered to meet all requirements established under the provisions of this subtitle (other than subsection
(b)and (d)(3)) for approval of a program of job training.