Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. All rights reserved. Its a good idea to touch base with your employee on how things are going. The sample policy, written by a law firm, notes that it is intended to aid employers in meeting their obligations under the Americans with Disabilities Act (ADA), as amended, and states that the accompanying sample forms are for "informational, educational, and/or training purposes only." In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. A Department should consider the factors listed in Section III. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. By using this site, you accept and agree to be bound by these terms. xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. In response, again citing anxiety and panic attacks resulting from heavy traffic, the plaintiff submitted an accommodation request for a modified in-office schedule, from 7 a.m. to 2 p.m., working from home in the afternoons. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; Please enable scripts and reload this page. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> [See. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. Need help with a specific HR issue like coronavirus or FLSA? The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). This includes information on the essential job functions your employee can and cant do. However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. This step is very important to the success of an accommodation. " endstream endobj startxref If more accommodation ideas are needed, the employer can ask the employees medical provider for ideas in some cases medical professionals are able to suggest effective accommodations. It was created to assist you while you are recovering. It may also come as a result of administering FMLA leave or a workers compensation claim. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. What does antisemitic discrimination look like at work? The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. |^| Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. Essential functionsare the basic job duties that an employee must be able to perform. $("span.current-site").html("SHRM MENA "); {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. HSmk0nv^- IA}(uNf:$+ifaGM0b_C However, they may be a useful tool for both employers and employees. If it is an email, include an email signature with your contact information. ", Sencenbaugh said that when ADA issues are intertwined with performance issues, employers should always consider how its actions will look to the employee and to a jury a year from now. If there is a termination, he said, all the cards are on the table. Employers that follow the technical requirements of the statute, demonstrate flexibility and document their compliance put themselves in the best position in the event of litigation. Ask your employees if they have any thoughts on what might help. Streamlining the Interactive Process When Accommodating Job Applicants, Tell 'Em About It: Educating the Workforce about the ADA & Accommodations, To Ask, or Not to Ask? Make use of positive language and try to remain positive throughout the email. Circuit Court of Appeals decision shows. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. The checklist and any notes should be maintained in a separate confidential medical file for that employee. The following is a brief summary of the Interactive Process: Step 1 Invite the employee to participate in assessing return-to-work options and alternatives The CA Dept. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." This is a request for a reasonable accommodation. Evaluate whether the employee can perform the job safely. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. Under the ADA, when an employee requests an accommodation and the disability and need for accommodation are not obvious, then the employer can request medical documentation to help determine whether the employee has a disability and needs the requested accommodation and information to help process the accommodation request. <>>> ; Interactive Process - Freeman Rehabilitation Services When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. For employers, the hard part often is knowing when to kick off the process according to Adam Sencenbaugh, a partner at Haynes and Boone, LLP. If the accommodation involves a schedule change or policy modification, then certain managers or supervisors may need to know of the change to effectively implement it. For example, if an employee who uses a wheelchair requests that his desk be placed on blocks to elevate the desktop above the arms of the wheelchair and the employer complies, an appropriate accommodation has been requested, identified, and provided without the need for a formal process. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. hn UVmH nH u hn jD hn U PDF Reasonable Accommodation - National Association of Letter Carriers AFL-CIO Pay careful attention to medical-related issues employees bring to your attention. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." And if still more ideas are needed, then the employer should consult with outside resources such as JAN, vocational rehabilitation, rehabilitation engineers, and disability-related organizations. Additionally, don't use negative words as they have a bad impact. Company Email Notifying of a Process Change | Edit & Forward Adobe PDF viewer is required for some of these documents. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. The company did not receive information in response to this request. As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. }); if($('.container-footer').length > 1){ } But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. A request for assistance or indication by the employee that some corrective measure may need to be taken can be made verbally and casually, as well as formally. If there is more than one option, the employer should consider the preference of the employee. Please note that all such forms and policies should be reviewed by your legal . If the employee is not a top performer or a malingerer,the supervisor doesn't want to engage; "thats when things go wrong," he said. Any extension of this agreement beyond this will be decided on a case-by-case basis and will be dependent upon additional information from your doctor and upon the needs of the department at that time. However, in other cases the individual may know that he/she is having difficulty, but may be uncertain about the exact cause or possible solution. "You rarely see an employee who knows about the ADA and asks for a reasonable accommodation," he told HR Dive;"You need to start the process even if they havent used any magic words. 1 0 obj 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u If an accommodation is not considered reasonable, refer to Sections IV and V below. Accommodation options will be considered in discussions with the employee. 222 0 obj <>stream Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. The most important way to monitor accommodations is to encourage ongoing communication. Circumstances or the effectiveness of accommodations can change over time. The EEOCs guidance provides that an employer should initiate the reasonable accommodation interactive process without being asked if the employer (1) knows that he employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation. In other words, employers must recognize the need for accommodation even in the absence of an employee request. Other options, such as a leave of absence or reduced schedule, exist and should be evaluated in light of what is permitted under policy and contract. hn CJ ji.3 The law does not require the use of these or any other forms to make a request for a reasonable accommodation or to engage in an effective, good faith interactive process. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. Once the employer has notice of a disability and the need for an accommodation, the ADA requires (1) direct communication between the employer and employee to explore in good faith the possible accommodations; (2) consideration of the employees request; and (3) offering an accommodation that is reasonable and effective.. If the employee requests a type of assistance the supervisor may simply provide it (without any reference to whether the request is disability-related), or the supervisor may ask if the assistance is being requested as an accommodation to a disability (and if the response is affirmative, proceed under campus procedures for accommodating employees with disabilities). Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. Your Employee & Labor Relations team now supports both represented and non-represented employees. DOCUMENTING CURRENT ACCOMMODATIONS We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. @ A B U V n o z { Assess the operational needs of the department, considering issues such as: The number of persons employed in the department; The number, type and locations of the units within the department; The type of operation, including the composition, structure, and functions of its workforce, its geographic separateness, and the administrative relationship of the department to the campus; The impact of the accommodation on the operation of the department, including the impact on the ability of other employees to perform their duties and the impact on the department's ability to conduct business; The overall financial resources of the UC system; The impact of the accommodation on campus operations. endobj Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. stream Employers must also act promptly to initiate this discussion. If the employee cannot provide the necessary information, then medical documentation can be useful. These ideas, along with any ideas from the employee and employees medical provider, must be documented. One way an employer can ensure effective communication with an employee who has requested an accommodation is to promptly schedule a meeting to discuss the employee's request. For example, if an employee who recently started using a wheelchair indicates that he needs a ramp to get into the workplace, the disability and need for accommodation are obvious. This agreement should be documented. In December 2014, the plaintiff's new supervisor made it clear that in the absence of an approved accommodation under the ADA, she was expected to be in the office beginning in the new year. Should an Accommodation Request Automatically Trigger FMLA? The employee does not need to use any magic language when making the request, and need not reference the ADA or specifically use the term reasonable accommodation. This notice triggers the employers obligation to initiate the interactive process. Take the employee's expressed preferences into consideration. Before meeting with the employee, review the employee's current job description and any available As stated by the Third Circuit Court of Appeals in Taylor v. Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. You have successfully saved this page as a bookmark. "Focus on disclosing only information that is need-to-know. If it is a written letter, include a handwritten signature. But this all counts as the interactive process. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. ", Additionally, employers sometimes request or gather too much medical information, Loy said. Be open to doing things a different way. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. You dont want the front-line supervisor feeling like he needs to answer this question,"Schwarz said, and "it's not realistic that every manager/supervisor will become an expert in the interactive process. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. Reasonable accommodation can include, but is not limited to, the following: Employees with disabilities may have separate rights to unpaid leave under the Federal Family and Medical Leave Act or the California Family Rights Act. This button displays the currently selected search type. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. But failure to engage in the interactive process may prevent an employee from receiving a reasonable accommodation, and may therefore result in liability under the ADA. hbbd```b``:"kd6di`f0^ X|9$x hH : ("I need an anti-glare screen."). Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. An employee's request for Family and Medical Leave Act (FMLA) time off automatically triggers an employer's Americans with Disabilities Act (ADA) obligations, even absent a specific request for . ADA Best Practices For Employers Engaging in an Interactive Process Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. In other cases, they may not be able to suggest ideas, but may be able to say whether ideas under consideration will help overcome the employees limitations. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. As part of this assessment process, the ADA requires that an employer engage in a timely, good-faith and meaningful interactive discussion with the employee. This includes with or without reasonable accommodation. 0 On Feb. 24, 2015, the company issued the plaintiff a written warning as a result of poor attendance unrelated to FMLA-approved absences and advised that failure to improve her attendance would result in disciplinary action. He does not link his need for the new chair with a medical condition. "), That the supervisor said, "How can I help you? var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Step 3: Get Job Descriptions in Order Uncertainty from the start. The following list provides some guidelines. %%EOF So it's important to note that your employee's request doesn't have to be in writing. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. Employee Letter and Email Examples - The Balance Careers The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. PDF ADA Interactive Process for Reasonable Accommodation Checklist No Past In-Person Trainings for Interactive Process. Douglas Schwarz, a partner with Morgan, Lewis & Bockius LLP, said that recognizing when someone has requested an accommodation is not always an easy thing to do, especially because there's no bright-line event or statement that triggers the employers obligation to participate in the interactive process. Notify supervisor if unable to report to work for any reason Supervisors Responsibilities: Ensure that employee is not directed to perform tasks that exceed restrictions recommended by treating physician. PDF Sample Options Letter for Resolving Medical/Employment Issues - California In some cases, an accommodation stops being effective for various reasons such as: the employees limitations change, workplace equipment changes, the job changes, the workplace itself changes, or the accommodation becomes an undue hardship for the employer. No Upcoming Events for Interactive Process. When a request is made, employers should first look for a quick, simple and easy solution,Fram said. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. What was the motivation, and did the employer meet its duty?, "The interactive process should be ended only after people have taken a hard look and decided theres really nothing else to say about the matter. } The interactive process isnt always necessary, though. An employer's duty to initiate the 'interactive process' without a The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. JAN offers the following additional information and tips for the interactive process, starting with the accommodation request: The interactive process starts with an accommodation request from an employee with a disability so it is important for employers to be able to recognize a request. ` If there is no solution, the best thing is your documentation showing that you did explore accommodation options. the employees disability and need for accommodation are obvious. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. endstream endobj 189 0 obj <>stream $('.container-footer').first().hide(); Trello. A JAN consultant explained the interactive process, that the employee's disclosure is a request for accommodation, and shared JAN's Sample Reasonable Accommodation Request Form for Employers to provide to the employee, in order to clarify and document her accommodation needs. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. Therefore, any time an employee indicates that he/she is having a problem and the problem is related to a medical condition, the employer should consider whether the employee is making a request for accommodation under the ADA. If on account of disability an employee continues not to perform the essential functions of the job, either because s/he refuses to utilize offered accommodations or because even reasonable accommodations do not enable him/her to perform the essential functions of the job, the employee may be eligible for medical separation. EEOC: Medical Leave Request Initiates ADA Obligations - SHRM Please read our Cookie Notice. The law requires that employees and employers engage in the Interactive Process. To cope with a paradoxical labor market, HR pros still squarely focused on recruiting may need to re-evaluate role requirements, inclusion initiatives and more. Here are some recommended steps to include in your checklist. This is a request for reasonable accommodation. While she did not submit a formal accommodation request, and the company had concerns that she would be unable to perform certain aspects of her job while at home, it nevertheless allowed her to leave the office in the early afternoon and work from her home for the remainder of the day. Read more While employers may have policies instructing their employees to provide written notice of the need for an accommodation, the employer cannot ignore verbal, visual or other cues. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M The request can also come from someone other than the employee. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Members can get help with HR questions via phone, chat or email. Select Accept to consent or Reject to decline non-essential cookies for this use. The assistant wanted the employee to sign a blanket medical release. It's not a terribly complicated idea, but many employers fall short in the execution. ", The employees request. Employees Responsibilities: Work within the written medical limitations Provide medical updates of functional limitations If taken off work by your doctor, notify supervisor and [name], ACCES Specialist. ' Please confirm that you want to proceed with deleting bookmark. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. ", "Has that triggered the need for an interactive process? No Past Recorded Modules for Interactive Process.