PRINTER'S NO. 1964
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1548
Session of
2019
INTRODUCED BY D. MILLER, HILL-EVANS, MARKOSEK, YOUNGBLOOD,
READSHAW, JOHNSON-HARRELL, DEASY AND DeLUCA, JUNE 3, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 3, 2019
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in civil service reform, providing for
excepted service hiring and promotion authority; and imposing
duties on the Office of Vocational Rehabilitation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 71 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 34
EXCEPTED SERVICE HIRING AND
PROMOTION AUTHORITY
Sec.
3401. Scope of chapter.
3402. Purpose.
3403. Definitions.
3404. Eligibility, documentation and certification generally.
3405. Hiring and promotion.
3406. Conversion.
3407. Customized employment job classification.
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3408. Administrative support.
§ 3401. Scope of chapter.
This chapter relates to excepted service hiring and promotion
authority for individuals with disabilities.
§ 3402. Purpose.
The purpose of this chapter is to establish an excepted
service hiring and promotion authority that enables an
appointing authority to more effectively and efficiently hire
and promote qualified, working-age adults, whose physical or
mental impairments impact their ability to participate in the
competitive hiring and promotion process within this
Commonwealth's workforce.
§ 3403. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Customized employment." The development of job descriptions
based on a flexible process that:
(1) Is designed to personalize the employment
relationship between a job candidate and an employer in a way
that meets the needs of both.
(2) Is based on an individualized match between the
strengths, conditions and interests of a job candidate and
the identified needs of an employer.
(3) May take the form of any of the following:
(i) Task reassignment, which involves some of the
job tasks of incumbent workers being reassigned to a new
employee. The reassignment shall:
(A) allow the incumbent worker to focus on the
critical functions of the incumbent worker's job, in
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the nature of primary job responsibilities and to
complete more of the central work of the job; and
(B) typically take the form of job creation,
whereby a new job description is negotiated based on
current and unmet workplace needs.
(ii) Job carving, which involves an existing job
description being modified so that one or more, but not
all, of the tasks are changed from the original job
description.
(iii) Job sharing, which involves two or more
individuals sharing the tasks and responsibilities of a
job based on the strengths of each individual.
"Working-age adult with a significant disability." An
individual who is a resident of this Commonwealth, is at least
18 years of age, has not reached 65 years of age and meets any
of the following conditions:
(1) Is or was a client of, or has a current eligibility
determination for vocational rehabilitation services by, the
Office of Vocational Rehabilitation.
(2) Has been determined to be eligible to receive Social
Security disability benefits or Supplemental Security income
benefits on the basis of disability, including an individual
who is eligible to participate in the Ticket to Work program
authorized under the Social Security Act (49 Stat. 620, 42
U.S.C. § 301 et seq.).
(3) Is eligible for appointment under Schedule A of 5
CFR Pt. 213 Subpt. C (relating to excepted schedules) on the
basis of disability.
(4) Has been determined to be eligible for services,
supports or benefits under programs administered by the
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Department of Human Services through the Office of
Developmental Programs, the Office of Long Term Living or the
Office of Mental Health and Substance Abuse Services.
(5) Has been determined to be eligible for services,
supports or benefits under a program for disabled veterans
administered by the Federal Department of Veterans Affairs or
the State Department of Military and Veterans Affairs.
(6) Has relocated to this Commonwealth and had at the
time of relocation an eligibility determination in good
standing from a vocational rehabilitation office governed by
the Rehabilitation Services Administration located in another
state or territory of the United States.
(7) Is eligible to receive services, supports or
benefits under a program administered by an agency of the
Commonwealth that has been determined by the agency head to
be comparable to a program described under paragraph (1),
(2), (3), (4), (5) or (6).
§ 3404. Eligibility, documentation and certification generally.
(a) Appointment.--An appointing authority may
noncompetitively appoint a working-age adult with a significant
disability to a temporary position or permanent position in
accordance with this chapter.
(b) Proof of disability.--
(1) An appointing authority shall require proof of an
applicant's significant disability prior to making a
noncompetitive appointment under this section.
(2) The appointing authority shall accept as proof of a
significant disability a letter or other official
certification from the Office of Vocational Rehabilitation.
§ 3405. Hiring and promotion.
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(a) Temporary appointment.--An appointing authority may
noncompetitively appoint a working-age adult with a significant
disability to a temporary position if the appointing authority
determines the following:
(1) The Office of Vocational Rehabilitation has
certified the working-age adult as eligible for
noncompetitive appointment under this chapter.
(2) It is necessary to observe the working-age adult on
the job to establish that the working-age adult is able or
ready to perform the duties of the position.
(b) Permanent appointment.--Subject to subsection (c), an
appointing authority may noncompetitively appoint a working-age
adult with a significant disability to a permanent position if
the appointing authority determines that the working-age adult:
(1) provided a copy of a document from the Office of
Vocational Rehabilitation certifying that the working-age
adult is eligible for noncompetitive appointment under this
chapter; and
(2) is likely to succeed in the performance of the
duties of the position for which the working-age adult is
applying. In determining whether the working-age adult is
likely to succeed in the performance of the duties of the
position, the appointing authority may rely upon the working-
age adult's employment, educational or other relevant
experience, including, but not limited to, service under
classified service or unclassified service.
(c) Probationary periods.--Appointment to a noncompetitive
permanent position shall be subject to the probationary periods
described in section 2404 (relating to probationary period).
§ 3406. Conversion.
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(a) Satisfactory performance of duties.--When an appointing
authority makes an appointment of a working-age adult with a
significant disability to a temporary position under section
3405(a) (relating to hiring and promotion) in order to determine
the working-age adult's job readiness, the appointing authority
may convert the working-age adult to a permanent position under
section 3405(b) if the appointing authority determines that the
working-age adult is able to perform the duties of the position.
Time spent in a temporary position shall not count toward the
completion of the probationary period described in section 2404
(relating to probationary period).
(b) Classified service.--When an appointing authority makes
an appointment of a working-age adult with a significant
disability to a permanent position under section 3405(b), the
appointing authority shall convert the working-age adult to
classified service upon completion of the probationary period
consistent with section 2404 if the appointing authority
determines that the working-age adult's work has been
satisfactory. Prior to the completion of the probationary
period, the appointing authority shall notify the working-age
adult in writing whether the working-age adult's work has been
satisfactory.
§ 3407. Customized employment job classification.
(a) Development and implementation.--The appointing
authority shall develop and implement a customized employment
job classification.
(b) Limitation.--Eligibility for placement into a position
under a customized employment job classification shall be
limited to individuals who have been determined eligible for
vocational rehabilitation services by the Office of Vocational
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Rehabilitation.
§ 3408. Administrative support.
The Office of Vocational Rehabilitation shall, with its
appropriation, provide all necessary supports, including the
following:
(1) Identifying State agencies that will hire a working-
age adult under this chapter.
(2) Identifying eligible candidates for work under this
chapter.
(3) Developing customized employment job
classifications.
(4) Providing or arranging job coaching or other needed
services as necessary under this chapter.
(5) Providing or arranging another service for a
working-age adult that is customarily provided by the Office
of Vocational Rehabilitation to similarly situated customers
of the Office of Vocational Rehabilitation.
Section 2. This act shall take effect in 60 days.
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