; or (B) the program position is part of an on-the-job training program that leads to a recognized postsecondary credential. (3) Nondisplacement of government employees or functions (A) Government agency A participating employer that is a government agency may not place an eligible worker hired for a jobs program in an existing position (as of the date of the hiring) that is subject to civil service laws of a Federal, State, or local government. (B) Other participating employer A participating employer that is not a government agency may not use funds provided under this Act to provide services or carry out other functions that are customarily provided by a unit of State government or general local government. (4) Limitation on program positions for participating employer (A) In general No more than 10 percent of the employees of a participating employer may be in program positions funded under this Act, except as provided in any of subparagraphs (B) through (E). (B) Minimum A participating employer with fewer than 10 employees may employ 1 individual in a program position funded under this Act. (C) Maximum A participating employer with more than 1,000 employees may employ not more than 100 individuals in program positions funded under this Act, unless the employer obtains permission under subparagraph (D). (D) Permission (i) In general A local board may grant permission for a participating employer to have a higher percentage or number of employees in program positions than is allowed under subparagraph (A) or (C)— (I) under the circumstance described in subclause (I) or (II) of clause (ii)