SB1453eng 100TH GENERAL ASSEMBLY

SB1453 Engrossed LRB100 10009 RJF 20181 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Personnel Code is amended by adding Section 17b as follows:

(20 ILCS 415/17b new)

Sec. 17b. Supported employees.

(a) The Director of Central Management Services shall develop and implement a supported employment program applying to all State agencies. It shall be the goal of the program, in consultation with the Secretary or Director of each State agency, to appoint supported employees to positions within the various State agencies.

(b) The Director shall designate a liaison to work with the various State agencies and departments, and any funder or provider or both, in the implementation of a supported employment program.

(c) As used in this Section:

(1) "Supported employee" means any individual who:

(A) has a severe physical or mental disability which seriously limits functional capacities, including, but not limited to, mobility, communication, self-care, self-direction, work tolerance, or work skills, in terms of employability as defined, determined, and certified by the Department of Human Services; and

(B) has one or more physical or mental disabilities resulting from amputation; arthritis; blindness; cancer; cerebral palsy; cystic fibrosis; deafness; heart disease; hemiplegia; respiratory or pulmonary dysfunction; an intellectual disability; mental illness; multiple sclerosis; muscular dystrophy; musculoskeletal disorders; neurological disorders, including stroke and epilepsy; paraplegia; quadriplegia and other spinal cord conditions; sickle cell anemia; and end-stage renal disease; or another disability or combination of disabilities determined on the basis of an evaluation of rehabilitation potential to cause comparable substantial functional limitation.

(2) "Supported employment" means competitive work in integrated work settings:

(A) for individuals with severe disabilities for whom competitive employment has not traditionally occurred; or

(B) for individuals for whom competitive employment has been interrupted or intermittent as a result of a severe disability, and who, because of their disability, need ongoing support services to perform such work. The term includes transitional employment for individuals with chronic mental illness.

(3) "Participation in a supported employee program" means participation as a supported employee that is not based on the expectation that an individual will have the skills to perform all the duties in a job class, but on the assumption that with support and adaptation, or both, a job can be designed to take advantage of the supported employee's special strengths.

(4) "Funder" means any entity either State, local, federal, or private not-for-profit or for-profit that provides monies to programs that provide services related to supported employment.

(5) "Provider" means any entity, either public or private, which provides technical support and services to any department or agency of State government.

(d) The Director, in consultation with the Secretary or Director of each State agency, shall establish job classifications for supported employees who may be appointed into the classifications without open competitive testing requirements. Supported employees shall serve in a trial employment capacity for not less than 3, but no more than 12, months. When appropriate, at the conclusion of the trial employment period, the supported employee shall be promoted into the position on a permanent full-time basis.

(e) The Director shall maintain a record of all individuals hired as supported employees. The record shall include, but not be limited to, the following:

(1) the number of supported employees initially appointed;

(2) the number of supported employees who successfully complete the trial employment periods; and

(3) the number of permanent targeted positions by titles.

(f) An employer under this Section shall not hire a supported employee if such a hire would result in:

(1) the displacement or partial displacement of current employees of the employer, including, but not limited to, a reduction in hours of non-overtime or overtime work, wages, or employment benefits;

(2) the filling of a position that would otherwise be a promotional opportunity for current employees of the employer;

(3) the filling of a position created by or causing termination, layoff, a hiring freeze, or a reduction in the workforce of the employer;

(4) the placement of a supported employee in any established unfilled vacancy; or

(5) the performance of work by a supported employee if there is a strike, lockout, or other labor dispute in which the employer is engaged.

(g) An employer who hires supported employees under this Section shall, at least 15 days prior to hiring such an employee, notify the applicable labor organization of the name, work location, and the duties to be performed by the supported employee.

(h) The Director, in consultation with the Secretary or Director of each State agency, shall establish a grievance procedure for employees and labor organizations to utilize in the event of any alleged violation of subsections (f) and (g) of this Section. Notwithstanding the above, a labor organization may utilize the established grievance or arbitration procedure in its collective bargaining agreement to contest violations of subsections (f) and (g) of this Section.

(i) The Director shall submit an annual report to the General Assembly regarding the employment progress of supported employees, with recommendations for further legislative action.