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The vocational services provided by DHI are based on matching the person with an appropriate job. DHI offers Supported Employment, Extended Services and a Community-Based Day Supports program.
Supported Employment Supported Employment provides training for individuals with significant disabilities who, because of the severity of their physical or mental impairments, have never been employed or have a history of sporadic employment. Individuals served by this program need ongoing intervention on or off the job in order to maintain employment.
Extended Services Supports provided for individuals employed in the community. Supports are provided as needed for each individual by a job coach. Initial job placement and stabilization and training is provided through the Supported Employment Program and Extended Services is the long term follow up.
Day Supports A day program to assist individuals in acquiring, retaining, and improving skills necessary to successfully reside in a community setting. Services may include assistance with acquisition, retention, or improvement in self-help, socialization, and adaptive skills; provision of social, recreational, and therapeutic activities to maintain physical, recreational, personal care, and community integration skills; and development of non-job task-oriented prevocational skills such as compliance, attendance, task completion, problem solving, and safety; and supervision for health and safety
Vocational Services
Handbook
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Dear Program Participant,
Welcome to the Development Homes Vocational program. We are excited to serve you, and hope our skill building programs will enable you to reach your employment goals. We work very hard to prepare each program participant for community based employment opportunities.
The information you will find in this handbook covers all of the program services, as well as policies and procedures. Within the DHI vocational program, there are three different services we offer; Day Supports, Supported Employment, and Extended Services. In this handbook you will find the criteria and parameters for each service we offer.
The policies and procedures listed in this handbook are a starting point, and are effective immediately. We’ve developed the most essential policies and procedures. As we continue to develop and implement policies and procedures, this handbook will be updated and you will be informed of each revision. Also, please note, these policies and procedures cover individuals who are employed and supported by DHI, when an individual is hired by a community employer these policies do not apply.
We intend to distribute this handbook at the beginning of program services, and annually thereafter. Please contact your vocational manager to receive an additional copy of the handbook.
Again, welcome to the DHI Vocational Service Program. We look forwarding to working with you!
Sincerely,
Jennifer Schulz
Vocational Services Director
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DHI Vocational Services:
I. Accessing Community Employment Solution (ACES) Day Supports
Definitions
Current Services
Service reimbursement
Referral process
II. Supported Employment
Definitions
Current Service
Service reimbursement
Eligibility requirements
III. Extended Services
Definition
Current Services
Service reimbursement
Eligibility requirements
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- Day Supports
A) Definitions: All of the below definitions are according to the North Dakota Department of Human Services, and can be found in the DDD-PI-088, 2001 edition.
Day Supports: A day program to assist individuals in acquiring, retaining, and improving skills necessary to successfully reside in a community setting. Services may include assistance with acquisition, retention, or improvement in self-help, socializations, and adaptive skills; provision of social, recreational, and therapeutic activities to maintain physical, recreational, personal care, and community integration skills; and development of non-job task oriented prevocational skills such as compliance, attendance, task completion, problem solving and safety; and supervision for health and safety.
All of the above maybe provided through Day Supports to individuals enrolled in day programs. Individuals who are enrolled part-time in Supported Employment or Extended Services but whose health and safety are at risk during non-working times during usual day service hours may also participate.
Supports may be provided in whatever settings are appropriate to the individuals needs. They may take place in traditional day service or non-facility based settings. They may be provided at any times of the day but full time enrollment must provide supports for 40 hours per week.
**Individuals in a day supports program, including a day supports work crew, are not eligible for the Workers with Disability program as day supports is experiential, evaluative, and is not gainful employment.
Meaningful Activity: A system of Day Supports should provide meaningful activity for the individual, whether that be pre-vocational or other habilitative training, or non-paid activities that promote personal and system outcomes. Individuals whose priority outcomes and assessed potential include paid work, within approximately a year will be more appropriately served in a Supported Employment or other vocationally oriented program. Meaningful activity has a personal outcome in which the product or pay is not necessarily significant or consequential. The product may be significant to someone but there is not significant market for the product. Or, the activity is of primarily learning, experiential or evaluative nature for the individual.
Meaningful activity may include paid work opportunities. Individuals may remain in a Day Supports paid work opportunity for a long term period of time with out a referral to SEP or ES so long as they do not meet the definition of employment described for Extended Services. Individual outcomes for Day Support participants must address areas for skill building related to the services provided under the Day Supports definition.
Concurrent Service: This allows individuals to enroll in both a day supports program and a supported employment/extended services program. However, Day Support services and responsibilities can not duplicate or replace the authorized services of Supported Employment or Extended Services, residential services, or services available to an individual under the Individuals with Disabilities Education Act of 1997. This means that individuals in SEP or ES can not work or participate in work training day
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supports programs, however they can participate in leisure recreation day supports programs.
When concurrent services are used, Day Supports may be authorized for up to 50% of the number of hours the individual is employed per week with a maximum combination of 40 hours per week of employment and Day Supports. Also, outcomes cannot include pre-vocational skill training if the individual engages in production work in the Day Supports portion of concurrent enrollment. The IPP must state how that activity is addressing the behavioral, health or other condition that makes concurrent enrollment necessary.
When an individual’s Extended Services rate of job coaching intervention exceeds 50%, concurrent services in Day Supports and Extended Services is not available.
B) Current Services:
Vocational Day Supports
The DHI Vocational Day Supports program, known as Accessing Community Employment Solutions (ACES) is a combination of pre- employment skill building and paid enclave work. These services are offered in (20 hrs wk) or full day slots (40 hrs a week), and mostly during Mon- Fri 8am to 4pm. If a participant is unable to work 20 hours we week but is interested in participating in the ACES Day Supports Program, a request in writing must be submitted to the program director. Approval of this request will be based on any openings currently in the program, as well as the needs of the individual and the staff available. Also, when a request is granted for less then 20 hours a week, the team will need to re-evaluate this placement on a quarterly basis and when possible recommend an increase in participation hours. Participants in the ACES Day Supports program must have an interest in employment, and the endurance to participate for ½ or full days.
The pre-employment skill building topics are work related and cover issues relevant to employment. Such topics may include; work readiness (attire, hygiene) work place safety (OSHA, forklift safety, harassment), task completion, social etiquette, handling frustrations at work and with co-workers, job seeking (interview skills, resume writing, completing applications), bus training. The topics are reviewed and modified on a quarterly basis. The pre-employment skill trainings will be offered during day hours Monday thru Friday. Participants in this program also have an opportunity to be crew members at locations in the community where DHI has service contracts. Work opportunity may include tasks similar to; cleaning, production, package and assembly, shredding, and clerical duties. Workers on these crews may work at hours outside the realm of Mon-Fri 8am to 4pm, and they may earn wages less than minimum wage. All workers earning less then minimum wage must demonstrate the ability to complete hourly evaluations for wage determination. Placement at job sites will depend upon ones ability to complete an hourly evaluation. Inability to complete an hourly evaluation leaves DHI with no accurate way to determine a commensurate wage.
Individuals in the ACES Day Supports program are offered transportation services by Development Homes. The current cost of transportation is $2.50 a day, or $1.75 per one way trip. However, for individuals with the skills and ability to use public transportation
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DHI strongly encourages use of this service and will provide any necessary bus training. All individuals supported in the ACES Day Supports program will have a job coach present (during all pre-vocational times, and work times) providing instruction and supervision to the crew.
C) Service Reimbursement
Individuals in the ACES Day Supports program must have an authorized Individual Service Plan with the appropriate amount of hours designated for the Development Homes ACES Day Supports program. Day Supports Services can not exceed a total of 40 hrs a week per individual. Some individuals may choose to participate at more then one day support provider, in this case both providers will need to share/split the 40hrs.
D) Referral Process
Services are initiated by a referral from the individual’s DDCM. Referral info should include; referral application, documentation of disability, psychological evaluations, and history (medical, social, education etc). Any additional information would be appreciated.
Supported Employment
The Definitions, services, eligibility information can be found in the North Dakota Supported Employment Guidelines and Payment Rates 2007
A). Definitions:
Supported Employment Program (SEP) is intended to provide services which lead to employment for people with the most significant disabilities who have traditionally been excluded from consideration for community employment. Supported Employment services include pre-placement services to identify at least one vocational goal and two alternatives as well as identify any supports which may be required during the training, stabilization, and employment of the individual. Supported Employment also includes Job Development which consists of securing employment consistent with the findings of the assessment and the informed choices of the individual.
The intent and focus of Supported Employment is on employment and not on meaningful activity.
Employment: All of the criteria below must be true to meet the definition of employment per Supported Employment and Extended Services.
- The activity looks like work to the ‘person on the street’
- The activity must produce a product or service which someone would be employed to do even if a supported employment relationship was not in place.
- An employer/employee relationship exists, or a producer/customer relationship exists,
- Constant intervention is not required
- The cost of job coaching should not exceed the earnings of the individual,
- The essential functions of the job must be performed by the individual,
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- The employment relationship is not time limited, and
- The setting is not primarily a learning, evaluative, or experiential activity
B) Current Service
Pre-placement and Job development services
When and individual is referred to Supported Employment DHI will begin pre-placement and job development services. These services will vary as they are tailored to the needs of the individuals involved. Assessments will be done by both DHI as well as the Vocational Rehabilitation Program. Services may include assessments of such issues as:
Availability and use of transportation, strengths and weaknesses in social behaviors, daily living skills, communication skills, grooming, money management, self-concept/motivational skills/understanding of personal skills and abilities, problem-solving abilities, dealing with conflict, identification of barriers and support options, identify opportunities for natural supports, target intervention levels, cost of supports/earning, interests and transferable skills, on-site situational assessments (this is available when the provider is unable to identify a vocational goal).
Job Development consists of securing employment consistent with the findings of the assessments and the informed choice of the individual. Such activities will include creating a resume, completing applications, interviewing. DHI will also support individuals during orientation.
Placement Services
Once placement is secured, DHI will support the individual as much as needed, and typically at a high rate of intervention (85-100%). Each month the amount of time the job coach spends with the individual will be less. On the job intervention continues, but will decrease as the individual learns their job duties and demonstrates the ability to independently complete them. Supported Employment is a time limited program, and ideally individuals in this program will not need SEP support after 9 months. By the 9 th month, or less it is hoped that individuals will be able to transition into Extended Services. An individual is ready for a referral to Extended Services when they require 20% or less intervention for at least two months prior to receiving extended services, or they have stabilized at a level over 20% but less then 50% for four months.
C.) Service Reimbursement (rates are effective 10-1-2007)
The provider will receive reimbursement for pre-placement, placement, and job coaching at pre-determined rates. Payment for Pre-placement and Job Development services will be billed in three installments, and will not exceed $1000.00. The provider can bill$300.00 when the service starts, $300.00 when the report of the results of services is received by Voc Rehab, and the remaining $400.00 when the individual begins employment. After employment begins on the job training/job coaching will also have a set payment schedule, with built in decreases for each month. The set payments reflect the maximum billable amounts. The payment schedule for job coaching is as follows; Month 1-$1000.00, Month 2-$750.00, Month 3-$750.00, Month 4-$500.00, Month 5- $500.00, Month 6-$250.00, Month 7- $250.00, Month 8-$150.00, Month 9-$150.00, Additional Months-$150.00. It is expected that intervention will decrease throughout the
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training, and no later then the Month 3, the VR counselor and provider will review the placement and progress to determine if they are appropriate and should continue. Also, these rates include placements where the provider has made arrangements with an employer to have a co-worker as the job coach, and when natural supports are arranged.
D.) Eligibility Requirements
Who should be considered for the Supported Employment Program?
The ultimate goal of the Supported Employment Program is for the individual with the most significant disability to be working in an integrated setting where, with wages and benefits, they reduce or eliminate their needs for public financial support.
At a minimum;
- The individual should be employed at least 50 hours per month
- The cost for the individual to maintain employment should not exceed their earnings at entrance to Extended Services
- The individual earns at least minimum wage or a wage commensurate with people without a disability performing the same or similar tasks.
Additional Factors to Consider for individuals entering SEP
Once a job is secured, training, stabilization, and continued employment occur at a place of business additional factors to be considered, prior to a referral are as follows;
- Does the individual demonstrate control over unacceptable behaviors such as theft of property, self-stimulation, physical/verbal aggression, etc?
- Does the individual take all necessary medication?
- Does the individual demonstrate the ability to take care of personal needs such as toileting and feeding, or are there accommodations in place such as personal assistance services when necessary?
- Can the individual communicate wants and needs to employers, fellow employees, job coaches etc?
- Does the individual want to be employed or just have something to do?
- If the individual cannot demonstrate the ability to perform certain, expected tasks, can the appropriate supports be put into place to make the accommodations?
Can an individual be referred to Vocational Rehabilitation Supported Employment more than once?
Should a job loss occur, and if the individual continues to meet the eligibility requirements for Supported Employment and application to for re-entry into SEP is possible. In this case the determining factor for a SEP referral is the individuals need to be trained in on new job related skills. Proper documentation of skill deficits or new training needs should be part of the referral to Vocational Rehabilitation. Re-entry is not guaranteed into SEP.
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- Extended Services
A). Definitions
Extended Services:
Extended Services (ES) are primarily designed to provide long-term employment support for individuals with developmental disabilities who meet the criteria of employment. Such individuals may be referred from the Supported Employment Program, or enter Extended Services from the Day Supports program (only with a denial letter from SEP).
Employment: All of the criteria below must be true to meet the definition of employment per Supported Employment and Extended Services Criteria.
- The activity looks like work to the ‘person on the street’
- The activity must produce a product or service which someone would be employed to do even if a supported employment relationship was not in place.
- An employer/employee relationship exists, or a producer/customer relationship exists,
- Constant intervention is not required
- The cost of job coaching should not exceed the earnings of the individual,
- The essential functions of the job must be performed by the individual,
- The employment relationship is not time limited, and
- The setting is not primarily a learning, evaluative, or experiential activity
**When individual’s meet this definition of employment, they may become eligible for Workers with Disability benefits.
B.) Current Services
Placements:
Individuals working in Extended Services may be employed at sites called individual placements, or as a part of an enclave. Individual placements are ideal and should be the ultimate employment goal for individuals in ES. Enclaves with DHI may be available as a short term opportunity and until long term individuals placement work is available. On going enclave opportunities are available when all individuals on the enclave are in extended services- this opportunity is rare with DHI. Individuals in the DHI Extended Services program are responsible for providing their own transportation to and from work. DHI will not provide transportation for these individuals, but will provide bus training.
Extended Service Contracts:
Individuals in the Extended Service (ES) program are supported by providers with an Extended Services Contract. This contract includes the hours an individual works, the current % of intervention needed on the job, target intervention rate, and the total number of hours per week available for staff support. The Extended Service contracts are
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negotiated by the DD Case Manager and the vocational provider on at least a semi-annual basis, or as needed. When a contract is established, fading needs to occur with the ultimate goal of reaching the target intervention rate. Should an individual need a short term increase in intervention a proposal to the contract is possible, however an on-going high level of intervention is not recommended with the Extended Services program. Meaning, providers need to develop natural supports at the job sites, and fade in their intervention levels as the individual increases their on the job independence. With an Extended Services contract individuals will only be supported on the job at the approved % of intervention which cannot exceed 50% or be less then 2 visits per month. An example of a contract is if an individual is approved for 30% intervention, they will have job coach support 30% of the hours worked. This means, individuals in ES will not have a job coach available for all of the hours they work, rather only for a portion of hours they work.
Job Development in ES:
When an individual is in need of re-employment they can stay in Extended Services so long as the employment focus is based on current skills and work history. If an individual is not currently employed, once placement is found an increased rate of intervention for up to 13 weeks will be requested on the contract to cover the cost of job development. When and individual is underemployed (currently working but seeking more hours with an alternative employer) 1.3% of intervention hours will be spent on job development. 1.3% is used as a guide as that is the amount which is pro-rated into the total units for DHI Extended Services. When employment is sought in an area of deficient skill set, or experience, a referral to SEP is then appropriate.
Employment Criteria:
When an individual experience a need to change the current level of support, DHI will first attempt to renegotiate the ES contract to support an increase in staff intervention up to 50%, and with a plan for decreased intervention. However, as people age or need additional supports, they may need more then 50% intervention, which will entail no longer meeting the criteria of employment. If this should occur, a change in services from Extended Services to Day Supports may be required.
Private Pay
When an individual does not have MA, private pay is available for job development and placement services. The compensation rate is equal to the ES current hourly rate. Priority for private pay services will be given to individuals meeting the screening criteria for DD services.
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DHI Vocational programs are designed to prepare individuals for competitive employment. The chart below demonstrates the different programs available, and the typical sequence of program participation. DHI Vocational Programs ACES Day Support Program Step #1 Supported Employment Step #2 Extended ServicesStep #3
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DHI Vocational Policy and Procedures
Table of Contents:
Attendance ……..……………………………………………pg 13
Compensable Time…………………………………………..pg 14
Person Served Time Off …….. ……………………………..pg 16
Prevailing Wage Rate Information…………………………..pg 17
Service Termination …………………………………………pg 19
Subminimum Wage…………………………………………..pg 20
Unpaid Leave of Absence…………………………………….pg 21
Workplace Violence Prevention………………………………pg 22
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Attendance Policy Based on the need for consistency in programming, service delivery to customers, and day supports funding DHI has established the following guidelines for day support participant attendance. 1. All person’s served are encouraged to schedule appointments during break times, or outside of DHI program hours. If that is not possible, they are encouraged to attend for at least part of their scheduled shift. 2. Attendance is monitored on a monthly basis for all person’s served. If a person served misses more then 15% of the total number of scheduled shifts, the following procedure will be implemented. Please note the scheduled shifts do not included pre-approved time off from work. a) Attendance issues will be monitored by the DHI Vocational Manager. b) Team members will be contacted and a team meeting will be held to discuss attendance issues. c) Chronic absenteeism may result in demission form the program.
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Compensable Time According to the Fair Labor Standard Act, an employee is one who is "suffered or permitted to work". Suffer or permit to work means that if an employer requires or allows employees to work, the time spent is generally hours worked. Individuals participating in the Development Homes Inc Vocational programs may be considered employees, as well as people served. When the people we serve are doing work per the request of the employer (DHI), and the employer is benefiting from the work being performed, then an employee and employer relationship exists, resulting in wages owed. Hours Worked In additions to compensation during typical work duties (ie. cleaning, shredding etc), hours worked also includes; rework, waiting for work, competitive employment, downtime, travel time, and breaks. Rework- This occurs when an employee must correct mistakes in his or her work, and is treated as hours worked. Waiting for Work- This is time in which the employee is required to be at work or allowed to be at work for his or her employer. The employee maybe doing nothing but waiting for something to do or something to happen is still working. Competitive Employment-This occurs when a person served reports to a business or establishment other than DHI and performs work for that business or establishment. Whether this person is employed by DHI or the other business establishment, this time is considered compensable. Downtime-This refers to compensable time when the person served is on the job but is not producing because of factors not within his or her control-such as lack of work, equipment breakdowns etc. People served including those paid piece rates are required to be paid for down time at a rate equal to their average hourly earnings during the most representative period not to exceed a quarter. The method used to determine average hourly earnings must be consistent for each calculated quarter. Travel Time-Any time spent in transportation between job sited during the course of the workday is hours worked and the employee shall be paid a wage rate that is at least equal to his or her average hourly earnings during the most recently completed representative period, not to exceed a quarter. Breaks-Though the Fair Labor Standards Act does not require breaks, DHI will offer rest breaks during work periods. Hourly paid workers must be compensated for breaks at their normal hourly wage. But no additional compensation is due to people served paid piece rates if the piece rate was properly established because such piece rate includes time for personal time, fatigue, and unavoidable delays.
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Not Hours Worked
The nature of the DHI Vocational program is to combine employment opportunities along with rehabilitative supports. Therefore, though people we serve may be receiving services from the DHI Vocational program, not all of the time spent with this program is considered compensable time. Such time includes; meetings, trainings, downtime, work samples/work simulations, travel time, and work offered- refused. Also if one is considered a trainee, then that person is not considered an employee.
Meetings & Trainings -Attendance at meetings, and training programs or other similar activities need not be counted as working time if the following four criteria are met:
1. Attendance is outside of your regular working hours
2. Your attendance is, in fact, voluntary
3. The course, or meeting is not directly related to your job
4. You do not perform any productive work during such attendance.
Downtime - With the nature of services provided to people served, Community Rehabilitation Programs may provide rehabilitative services to workers with disabilities during periods of extended down time. Such time need not be considered compensable so long as the services provided are not primarily for the purpose of increasing job productivity. Such time is clearly identified, recorded, and segregated on time records, and the services are provided in an area away from the production area.
Work Samples/Work Simulation - Work Samples and work simulations are types of rehabilitation services that are structured to resemble the work performed in the employer’s facility but are performed away from the normal production area. These activities do not yield a product used to fulfill any of the employer’s contracts and the employer does not derive any economic benefit from the product. Such samples and simulations are supervised by non-production personnel and are a specific part of a well-defined program of rehabilitation.
Travel Time -The time spent by people served being transported to and from the work site and their homes by the employer at the beginning or the end of the day is not hours worked. Such transportation retains the characteristic of "normal home to work travel" and need not be compensated. Also, when the people served report to a centralized pick up spot to get a ride in their facility’s vehicle to a remote job site that may not be readily accessible by public transportation, such transportation retains the characteristic of "normal home to work travel." Such travel does not constitute hours worked so long as the people served do not perform any work at the pick-up spot, they do not engage in any task that is considered an integral part of their principal activity, and they retain the option to transport themselves to the job site (even if the latter option is theoretical, the time is still not compensable).
Work offered- refused- When the person served is provided an opportunity to work, but refuses, this time is not compensable.
DHI upholds the right to pay contract workers sub-minimum wages according to the standards set by the Department of Labor’s Special Minimum Wage Certificate.
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Person Served Time Off Policy Time off for persons served will be unpaid, but measured.Individuals and their teams are encouraged to plan accordingly for unpaid time off in relation to the accrual balance. On each pay roll stub there will be section named "Sick time" followed by a total. Please note, even though this time is labeled "sick" it really reflects the amount of allotted unpaid time off per individual. Everyone participating in the DHI day supports program will accrue time off of at 7% of the hours worked. Every pay roll will calculate the current amount of accrued time off at the above rate. Time off requests should be completed 2 weeks prior to the date requested off. This request can be made by completing a Development Homes Inc, Leave Request Form. Completed time off requests may not always be approved. Rather, time off requests are approved based on the total hours accrued, as well as the schedule of the other individuals and sites. Upon the cessation of service by DHI, the amount of time accrued and labeled as sick, will not be paid.
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Prevailing Wage Rate Information 1. A prevailing wage survey is conducted at least annually and prior to any wage rate adjustments. A prevailing wage rate is a wage rate that is paid to an experienced worker not disabled for the work to be performed. This wage is not automatically minimum wage. 2. Records of this survey shall be kept and include the following information; a) Brief description of work for which wage rate information is produced. b) Wage rate information provided. c) Date of information d) Name, address, and phone number of firm e) Name and Title of individual contacted in the firm f) Basis for determining experienced wage rate versus entry level positions, according to DOL regulations. 3. Information sources may include the following; a) Industries in the community doing similar work b) Wage Rates that DHI customers pay to their experienced employees c) Wage Determination Rate from the Federal Government. Two types of work measurement methods are used to determine commensurate wages for workers. Production/ Piece Rate Time Studies Piece Rate Time Studies are used when all factors of work or job completion are controlled and consistent, with exception to the speed and accuracy of the worker. a) Wages are paid on a piece rate basis that is determined and based on production norms of non-disabled individuals. b) Production norms are determined by doing a time study on a staff or obtaining industry production standards. c) Results of production norms are recorded and kept in each customers file. Production norms should be re-evaluated when: a) A worker produces at or above 100% of the established norm. b) Workers consistently fail to produce at their average production level. c) Whenever the original method changes or new equipment is used on a job, the original production norms shall be re-evaluated and adjusted accordingly. Hourly Evaluations In cases where non-repetitive work is involved, and all factors can not be controlled or consistent, hourly wages are determined for each worker based on individual production rates. The following situations constitute hourly wages: a) Individual production counts are not possible or practical
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- The characteristics of the work cause a wide range of variance in production norms
- An individual’s production is dependent on that of another person.
- Uniform units of production cannot be established
Workers being paid hourly rates are reviewed a minimum of every six months and wages are adjusted accordingly.
The hourly rate is determined by comparing the individual’s productivity to the productivity of a non-disabled worker completing the same job. In this case, the worker must demonstrate the skills needed to complete the job in a simulated and controlled environment. The determined wage is then based on the prevailing wage for that job.
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Service Termination Policy Service to individuals in the DHI Day Supports program may be terminated for the following reasons; 1. A person served or his/her guardian may choose to quit participation in the DHI Day Supports program at any time. Staff request the following of the person served who voluntarily quits: The person served carefully considers his/her decision and discusses it with family, residential staff, Program Coordinators, Case Managers. 2. Loss of funding source 3. Move out the service area 4. Death of person served 5. Medical reasons which prohibits attendance for an extended period of time. If an individual is terminated from DHI day supports due to medically related attendance, he/she will be placed at the top of the waiting list and will re-enter when the first appropriate, available opening occurs. 6. Developmental changes which indicate the individual requires either a more intense or less restrictive setting. The team members will review the appropriateness of placement as needed, but not less then once a year at the annual life plan meeting. 7. The person’s served behavior causes immediate and serious danger to the health and safety of the individual or others. Also, behaviors which jeopardize the service contracts with customers may be ground for demission. The situation may be handled with a temporary service suspension, or a termination of services. Procedure The following procedures will be implemented when DHI is initiating the termination of a consumer’s service: 1. Prior to giving notice of service termination, DHI staff will document all actions taken to minimize or eliminate the need for service termination. Possible actions may include, but are not limited to: a. Team meetings to plan and develop services to be consistent with program parameters b. Pursuing additional funds/enhancements for additional staff c. Develop a crisis plan with the person served, legal representative, case manager etc. d. Utilize external experts not employed by DHI such as psychologist, psychiatrists. e. Frequent meetings to discuss issues and progress.
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Subminimum Wage As governed by the Fair Labor Standards Act (FLSA), all workers will receive fair wages for their efforts. It is Development Homes Inc responsibility to ensure that the worker’s wage compensation is based on their job performance. Workers employed through Development Homes, Inc can be paid at competitive wages or commensurate wages. Commensurate wages are based on the employers prevailing wage or the industry prevailing wage survey results, and the productivity of the worker. SUBMINIMUM WAGE CERTIFICATE The commensurate wage is permitted under the provisions of subminimum wage certificates issued by the U.S. Department of Labor; Wage and Hour Division. A Special Wage Certificate is held by DHI for the community based employment sites. This certificate is renewed annually and all subminimum wage earners covered under the certificate are evaluated a minimum of every six months.
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Unpaid Leave of Absence
In the event that a program participant is unable to complete their schedule, and or participate in the program due to medical illness, they may be eligible for an unpaid leave of absence. If the individual meets the criteria for the Family Medical Leave Act, they are entitled to all of the protections offered by this ruling. If the individual does not meet the criteria for FMLA, an unpaid leave may be approved and may not to exceed 6 weeks.
Before a leave is approved the following must first occur:
- Information signed by the participant’s doctor must be provided stating the reason for the leave, and the expected return date.
- Consultation with team members via phone or team meeting to discuss the needs/reasons for the leave.
- Set a tentative return date.
Should a participant need more then the originally expected amount of time off, additional information must be provided by their physician.
DHI will attempt to hold a participants work slot and schedule, but can not guarantee that the current schedule will be available at the time of their return. Upon the participants return to work, they will be offered any current and appropriate openings in the program.
If a program participant is unable to return to work with in 6 weeks, a team consultation will be requested. DHI will exhaust all feasible options, including a possible part time schedule or participation with restrictions as advised by their doctor. However, DHI may demit the participant from the program, placing them first on the waiting list. When the participant is fully recovered they may re-enter the program.
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Work Place Violence Prevention
Purpose
It is the intent of the DHI Day Supports ACES program to provide a workplace for all employees that is free from violence. Though there are no specific Federal OSHA (Occupational Safety and Health Administration) standards that address violent employee behavior, the Federal Occupational Safety and Health Act (OSHA Act), in Section 5 (a)(1), provides that "each employer shall furnish to each of their employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death, serious physical injury, or harm to their employees." It is then the employer’s responsibility to take feasible steps to minimize risk of injury to their employees and to provide a safe and healthy work environment.
Definitions
Workplace Violence includes, but is not limited to, intimidation, threats, physical & verbal attacks, harassment, property damage and includes acts of violence committed by DHI employees (including person’s served), customers, relatives, or strangers engaging in acts of violence towards DHI employees in the workplace.
Intimidation is engaging in actions that includes but is not limited to stalking, or behavior intended to frighten, coerce or induce duress.
Threat is the expression of an intent to cause physical or mental harm. An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to whether the expression is contingent, conditional or future.
Physical Attack is unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, kicking, or throwing objects.
Verbal Attack is unwanted, hostile, or demeaning verbal expressions such as yelling, swearing, or other verbally abusive communications.
Property Damage is intentional damage to property and includes property owned by DHI, person’s served, customers, visitors etc.
Weapon is considered anything with the potential to cause harm to self or others such as firearms, knifes, pocket knifes, razors, etc.
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Coverage
This policy applies to all DHI Day Support ACES program participants including all full-time, part-time, and participants with exceptions.
Coverage of this policy also applies to peer to peer violence occurring between people served.
Prohibited Actions
It is a violation of this policy to engage in workplace violence as described above and to use, posses or threaten to use a weapon. It is also a violation of this policy to retaliate against any employee who, in good faith, reports a violation of this policy.
Should a person served employee fail to follow this policy, the following actions may occur; an emergency team meeting, adjustments to schedules and or work locations, program suspension, and or program demission. The course of such actions will be determined by the Vocational Department Director, or the Vocational Manager (in the absence of the Director).
Reporting Responsibilities
All person served employees are encouraged to be alert and report to their vocational staff any acts of violence directed towards them or which they witness.
The staff receiving the report will complete an incident report, and will immediately notify their supervisor.
Support and Protections
DHI Day Supports ACES Program shall make efforts to protect victims of workplace violence by offering available security measures. This may includes special accommodations or adjustments to their schedule, location or working conditions. DHI shall accommodate these requests and needs whenever possible and appropriate.
DHI Day Supports ACES Program Responsibility
Each program participant will review and discuss on a quarterly basis the terms of this policy with in the structure of the ACES employment preparation program.
Should acts violence occur by program participants, DHI job coaches will make attempts to de-escalate every situation. Should an act of violence occur towards a program participant while they are with the job coach in the community, the job coach will immediately ensure their safety. Every job coach has a work cell phone
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available to them, should they need additional support they can quickly call for help from the shift leaders, manager, or department director.
DHI Vocational recognizes that some of the people served exhibit maladaptive behaviors and are learning ways to reduce such behaviors. In some cases the people served by this program have an individual Behavior Intervention Plan (also know as a BIP) to address the maladaptive behaviors. DHI Vocational staff will support and follow the treatment plans respective to the services provided by this program. Should an act of violence occur by or towards a person served with a BIP, the coverage of this policy will remain in effect.
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