Virginia Law

A. The department shall provide individuals with disabilities, regardless of age, who are known to the department to be employed at subminimum wage the following:

1. Counseling and information services that (i) are provided in a manner understandable to the individual with a disability, (ii) facilitate the independent decision making and informed choice as the individual makes decisions regarding opportunities for competitive integrated employment, particularly with respect to supported employment and customized employment, and (iii) may include benefits counseling, particularly with regard to the impact of earned income on income-based financial, medical, and other benefits.

2. For individuals with a disability, information about (i) self-advocacy, (ii) self-determination, and (iii) peer mentoring training opportunities available in the community within 30 calendar days of being referred by an employer, or contractor or subcontractor of that employer, that holds special wage certificate described in § 14(c) of the federal Fair Labor Standards Act and has fewer than 15 employees.

B. Required intervals.

1. For individuals hired at subminimum wage on or after July 22, 2016, the services required by this section must be carried out once every six months for the first year of the individual's subminimum wage employment and annually thereafter for the duration of such employment.

2. For individuals already employed at subminimum wage prior to July 22, 2016, the services required by this section must be carried out once by July 22, 2016, and annually thereafter for the duration of such employment.

3. With regard to intervals required by subdivisions 1 and 2 of this subsection, the department's responsibility to provide the services in this section to those in subminimum wage shall be (i) calculated on the date of the closure for those with closed vocational rehabilitation case records of services or (ii) calculated based upon the date the individual becomes known to the department for those individuals without closed case records.

4. An individual with a disability becomes "known" to the department through self-identification, referral by a third party, through the individual's involvement with the vocational rehabilitation process, or any other method.

C. Documentation.

1. The department shall provide documentation to the individual (i) within 45 calendar days after completion of the activities required under subsection B of this section or (ii) within 90 calendar days if additional time is necessary due to extenuating circumstances, after completion of the actions required in subsection B of this section.

2. Documentation shall include the following:

a. Name of the individual;

b. Description of the service or activity completed;

c. Name of the provider of the required activity;

d. Date required service or activity was completed;

e. Signature and date of signature of individual documenting completion of the required service or activity;

f. Signature of department personnel (if different from subdivision 2 e of this subsection); and

g. Date and method (e.g., hand-delivered, faxed, mailed, emailed, etc.) by which the document was transmitted to the individual with a disability.

3. In the event an individual with a disability or, as applicable, the individual's representative refuses through informed choice, to participate in the activities required by this section, documentation shall contain:

a. Name of the individual;

b. Description of the refusal and reason for the refusal;

c. Signature of the individual with a disability or, as applicable, the individual's representative;

d. Signature and date of signature of department personnel documenting the individual's refusal; and

e. Date and method (e.g., hand-delivered, faxed, mailed, emailed, etc.) by which the document was transmitted to the individual with a disability.

4. The department shall retain a copy of all documentation required by this section consistent with the department's case management system.

D. The department may contract with other public or private services providers, as appropriate, to fulfill the requirements of this section. However, the contractor providing the services on behalf of the department shall not be an entity holding a special wage certificate under § 14(c) of the federal Fair Labor Standards Act.