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1 | | employment program. |
2 | | (c) As used in this Section: |
3 | | (1) "Supported employee" means any individual who: |
4 | | (A) has a severe physical or mental disability
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5 | | which seriously limits functional capacities, |
6 | | including, but not limited to, mobility, |
7 | | communication, self-care, self-direction, work |
8 | | tolerance, or work skills, in terms of employability as |
9 | | defined, determined, and certified by the Department |
10 | | of Human Services; and |
11 | | (B) has one or more physical or mental
disabilities |
12 | | resulting from amputation; arthritis; blindness; |
13 | | cancer; cerebral palsy; cystic fibrosis; deafness; |
14 | | heart disease; hemiplegia; respiratory or pulmonary |
15 | | dysfunction; an intellectual disability; mental |
16 | | illness; multiple sclerosis; muscular dystrophy; |
17 | | musculoskeletal disorders; neurological disorders, |
18 | | including stroke and epilepsy; paraplegia; |
19 | | quadriplegia and other spinal cord conditions; sickle |
20 | | cell anemia; and end-stage renal disease; or another |
21 | | disability or combination of disabilities determined |
22 | | on the basis of an evaluation of rehabilitation |
23 | | potential to cause comparable substantial functional |
24 | | limitation. |
25 | | (2) "Supported employment" means competitive work in
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26 | | integrated work settings: |
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1 | | (A) for individuals with severe disabilities for
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2 | | whom competitive employment has not traditionally |
3 | | occurred; or |
4 | | (B) for individuals for whom competitive
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5 | | employment has been interrupted or intermittent as a |
6 | | result of a severe disability, and who, because of |
7 | | their disability, need ongoing support services to |
8 | | perform such work. The term includes transitional |
9 | | employment for individuals with chronic mental |
10 | | illness. |
11 | | (3) "Participation in a supported employee program"
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12 | | means participation as a supported employee that is not |
13 | | based on the expectation that an individual will have the |
14 | | skills to perform all the duties in a job class, but on the |
15 | | assumption that with support and adaptation, or both, a job |
16 | | can be designed to take advantage of the supported |
17 | | employee's special strengths. |
18 | | (4) "Funder" means any entity either State, local,
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19 | | federal, or private not-for-profit or for-profit that |
20 | | provides monies to programs that provide services related |
21 | | to supported employment. |
22 | | (5) "Provider" means any entity, either public or
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23 | | private, which provides technical support and services to |
24 | | any department or agency of State government. |
25 | | (d) The Director, in consultation with the Secretary or |
26 | | Director of each State agency, shall establish job |
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1 | | classifications for supported employees who may be appointed |
2 | | into the classifications without open competitive testing |
3 | | requirements. Supported employees shall serve in a trial |
4 | | employment capacity for not less than 3, but no more than 12, |
5 | | months. When appropriate, at the conclusion of the trial |
6 | | employment period, the supported employee shall be promoted |
7 | | into the position on a permanent full-time basis. |
8 | | (e) The Director shall maintain a record of all individuals |
9 | | hired as supported employees. The record shall include, but not |
10 | | be limited to, the following: |
11 | | (1) the number of supported employees initially
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12 | | appointed; |
13 | | (2) the number of supported employees who
successfully |
14 | | complete the trial employment periods; and |
15 | | (3) the number of permanent targeted positions by
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16 | | titles. |
17 | | (f) An employer under this Section shall not hire a |
18 | | supported employee if such a hire would result in: |
19 | | (1) the displacement or partial displacement of
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20 | | current employees of the employer, including, but not |
21 | | limited to, a reduction in hours of non-overtime or |
22 | | overtime work, wages, or employment benefits; |
23 | | (2) the filling of a position that would otherwise be
a |
24 | | promotional opportunity for current employees of the |
25 | | employer; |
26 | | (3) the filling of a position created by or causing
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1 | | termination, layoff, a hiring freeze, or a reduction in the |
2 | | workforce of the employer; |
3 | | (4) the placement of a supported employee in any |
4 | | established
unfilled vacancy; or |
5 | | (5) the performance of work by a supported employee if |
6 | | there
is a strike, lockout, or other labor dispute in which |
7 | | the employer is engaged. |
8 | | (g) An employer who hires supported employees under this |
9 | | Section shall, at least 15 days prior to hiring such an |
10 | | employee, notify the applicable labor organization of the name, |
11 | | work location, and the duties to be performed by the supported |
12 | | employee. |
13 | | (h) The Director, in consultation with the Secretary or |
14 | | Director of each State agency, shall establish a grievance |
15 | | procedure for employees and labor organizations to utilize in |
16 | | the event of any alleged violation of subsections (f) and (g) |
17 | | of this Section. Notwithstanding the above, a labor |
18 | | organization may utilize the established grievance or |
19 | | arbitration procedure in its collective bargaining agreement |
20 | | to contest violations of subsections (f) and (g) of this |
21 | | Section. |
22 | | (i) The Director shall submit an annual report to the |
23 | | General Assembly regarding the employment progress of |
24 | | supported employees, with recommendations for further |
25 | | legislative action. ".
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