November 6, 2001

 

MEMORANDUM FOR REHABILITATION COUNSELORS AND EMPLOYMENT SPECIALISTS

 

FROM:                  Sally Howard, Deputy Director

 

SUBJECT:             Extended Employment

 

The enclosed policy on extended employment was circulated September 26 with a closing date of October 15.  As this is a complex policy memo, we did discuss it at the District Supervisors= meeting.  Many of the questions and issues that surfaced were directly connected to federal or state regulations.  For example, state regulations do require RSB to certify blind consumers for workshops (Missouri DVR is required to certify other disabilities).  The annual review for consumers officially Aclosed@ in sheltered/extended employment, the referral on closed cases to One-Stops; the requirements for discussion by counselors with consumers considering or choosing sheltered/extended employment are all from the federal regulations.

 

Anyway, we agreed to keep an eye on this policy and review periodically.  After we get more experience working with issues, we can revise policy as needed.

 

Let Mary Lou Giboney know if you want a copy of the federal regulations (we can email them) or the state regulations on certification (we can fax them).

 

Janet Renken will track cases closed in extended and will generate lists for the annual reviews required for two years.

 

We appreciate your patience!

 

SH:mlg

Enclosures

cc:          District Supervisors

RSB Executive Staff

RSB Policies on Extended Employment

34CFR Part 361

Effective October 1, 2001

Issued November 6, 2001

 

Extended employment is defined as work in a Anon-integrated or sheltered setting  . . . for which compensation is in accordance with the Fair Labor Standards Act.@  Put simply, if the employment setting has the consumer working in an environment where a majority of the other employees have disabilities, or if the consumer is being compensated at less than minimum wage under the Fair Labor Standards Act, the placement is considered to be extended employment.  It is possible that a person working for an entity which offers extended employment (such as Lighthouse for the Blind facilities) can be considered to be in competitive employment, if their worksite is integrated and they are paid at least the minimum wage.

 

Summary:

 

Effective on October 1, 2001, per the final regulations for the Rehabilitation Act as Amended in 1998, extended employment will no longer be considered as an employment outcome.  This means that any case where a consumer chooses to go to work in a sheltered or extended setting cannot be closed as Status 26 (Closed, Rehabilitated).  More importantly, a consumer who expresses a goal of working in an extended setting does not have a vocational goal that satisfies the requirement for eligibility for Vocational Rehabilitation (VR) services.  In order to remain in compliance with VR regulations, counselors need to administer cases involving extended employment in the following manner:

 

1.                  If you come into contact with an applicant who expresses an employment goal of extended employment, you should:

 

1.                  not open a VR case

2.                  refer the consumer to services available at the local One Stop Career Center

3.                  refer the consumer to local extended employment providers

4.                  assist the consumer with certification for eligibility for extended employment

5.                  explain the availability of VR services if the consumer considers competitive employment (and explain the competitive employment is the purpose of VR)

6.                  explain that VR services can be provided to a consumer in an extended employment setting if they are preparing for competitive employment, either now or in the future

7.                  refer the consumer to the Social Security Administration (SSA) or to a Benefit Planner to access information regarding their ability to work while receiving benefits from SSA

 

2.                  If a consumer with an open VR case is working in, or accepts, employment in an extended setting, you should:

 

1.                  determine if the consumer has an employment goal of competitive employment

 

2.                  determine if the extended employment placement is consistent with training to prepare the consumer for competitive employment.  For purposes of this policy, any period of extended employment planned for less than 6 months will be considered as transitional employment.  Any plan which proposes extended employment in excess of 6 months must be approved by the Deputy Director or designee.  If the employment cannot be considered as transitional employment leading to competitive employment, the case should be closed in Status 28 or Status 30 as appropriate.

 

3.                  If a consumer=s VR case is closed due to their having accepted extended employment and being unable to achieve competitive employment, or having made an informed choice to remain in extended employment, you should:

 

1.                  annually review and reevaluate the status of the consumer for a period of two years (or longer if requested by the consumer) to determine if their interests, priorities and needs could lead to an competitive employment closure.  (RSB state office will provide a periodic printout with a list of consumers who require review.) 

 

2.                  ensure that the consumer or their representative have input into the review/reevaluation, and document that input in the case record.

 

3.                  make maximum efforts to assist the consumer in engaging in competitive employment.

 

4.                  ensure that the consumer (or his/her representative) signs an acknowledgment that the review has taken place

 

 

Questions and Answers:

 

1.                  Question:            Do our consumers have the right to an informed choice of non-integrated, sheltered employment or of competitive employment?

Answer:            Yes

 

2.                  Question:            Do we close the case when a consumer exercises their informed choice to work in a non-integrated, sheltered setting?

Answer:            Yes, unless the consumer is specifically using the non-integrated, sheltered employment as transition or Ainterim@ step towards a competitive employment goal that is spelled out in an IPE.

 

3.                  Question:            Can we open up a case on an individual who is working in a non-integrated, sheltered setting?

Answer:            Yes, so long as the consumer has a competitive employment goal and an IPE is developed for that goal.

 

4.                  Question:            What kind of services would RSB provide to a consumer working in a non-integrated, sheltered setting on a transitional or Ainterim basis?@

Answer:            As always, the services would be spelled out in an IPE based on the competitive employment goal.  The IPE should support the need for extended employment as part of the plan to reach a competitive employment goal.

 

5.                  Question:            Is all employment with an extended provider considered extended employment?

Answer:            No.  If the consumer is working in an integrated setting, and is being paid at least minimum wage, the employment would be considered competitive versus extended.  Examples include:  receptionists and switchboard operators working for an extended employment resource but who deal with the public at large, or marketing and public relations representatives who call on the public, etc.