Tenn. Comp. R. & Regs. 0940-02-02-.07 - GUIDELINES-CERTIFICATION PROCEDURES

(1) If an assignment constitutes work and the patient/resident has an unimpaired productive capacity, the patient/resident is entitled to not less than the statutory minimum wage.

(2) Handicapped individuals with impaired productive capacity shall be reimbursed under the following guidelines:

(a) During the first year of the employment relationship, a patient/resident will be considered to be in evaluating and training, to the extent that competent instruction and supervision are provided to determine one's potential and teach adjustment to a work environment or the skills needed to perform one or more types of work, and will receive at least commensurate pay based on his actual productivity as compared with similar work performed by non-handicapped persons.

(b) After the first year of the employment relationship, the patient/resident will be subjected to a group minimum wage of not less than 50% of the minimum statutory wage or commensurate pay, whichever is higher.

(c) A minimum wage or commensurate pay less than the group minimum wage, but not less than 25% of the minimum statutory wage, may be authorized for a severely handicapped individual.

(d) For those patient/resident workers with a productive capacity less than 25% of the minimum statutory wage, commensurate pay need only be paid and no minimum wage shall be required if a work activity center is designed to provide therapeutic activities and if so certified by a non-profit, nongovernmental advocacy agency.

(e) Under no circumstances may a patient/resident worker, other than those in a work activity center, be paid less than 25% of the minimum statutory wage after the first year of the employment relationship.

Notes

Tenn. Comp. R. & Regs. 0940-02-02-.07

Original rule filed October 17, 1978; effective December 1, 1978. Amendment by public chapter 969; effective July 1, 1984. Amendment filed July 11, 1984; effective August 10, 1984.

Authority: T.C.A. §§ 33-1-203 and 33-1-205.