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06/23/2024 01:46 AM
Pennsylvania House of Representatives
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House of Representatives
Session of 2019 - 2020 Regular Session


Posted: May 16, 2019 04:00 PM
From: Representative Dan L. Miller
To: All House members
Subject: Excepted Services Hiring and Promotion Authority for Individuals with Disabilities Act
The Commonwealth of Pennsylvania is dedicated to becoming a model employer of individuals with disabilities. One way the Commonwealth can clearly demonstrate this commitment is to adopt a streamlined hiring and promotion process for qualified individuals with significant disabilities whose physical or mental impairments impact their ability to participate in the competitive hiring and promotion process. To minimize administrative burden, this streamlined process targets individuals with significant disabilities who qualify for services, supports, or benefits under specified federal or state programs (e.g., the state vocational rehabilitation program or the Social Security Disability Insurance of Supplemental Security Income programs) and are certified by the Office of Vocational Rehabilitation.

Under the bill, which amends Part III of Title 71 of the Pennsylvania Code (Civil Service Reform), an appointing authority may noncompetitively appoint an individual with a significant disability to a temporary position when it is necessary to observe an applicant on the job to establish that the applicant is able or ready to perform the duties of the position (trial work period). An appointing authority may also make a noncompetitive appointment to a permanent position when he/she determines that the individual is likely to succeed in the performance of the duties of the position for which the individual is applying, relying on the applicant’s employment, education, or other relevant experience, including service under classified and unclassified service.

Consistent with existing policy under the civil service system applicable to all state employees, the bill authorizes an appointing authority to convert the individual with a significant disability from a temporary to a permanent position whenever the appointing authority determines the individual is able to perform the duties of the position. Time spent in the temporary position may not be counted toward the completion of the probationary period. Also, consistent with existing policy under the civil service system, an appointing authority must convert an individual with a significant disability hired for a permanent position to the classified service upon completion of the specified probationary period if the appointing authority determines that the employee’s work has been satisfactory.

Please join me in helping more Pennsylvanians with disabilities who want to work to find employment.

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Introduced as HB1548