", "On the communication side, one of the really useful tools is documentation," Schwarz said. %
External resources to help identify whether accommodation is possible include: SAMPLE REQUEST FOR REASONABLE ACCOMMODATION PACKAGE: ENGLISH (PDF), SAMPLE REQUEST FOR REASONABLE ACCOMMODATION PACKAGE: SPANISH (PDF), Communication Center: 800-884-1684 (voice), 800-700-2320 (TTY) or, Department of Rehabilitation Disability Access Services, EEOCs fact sheet on small employers and reasonable accommodation, EEOCs enforcement guidance on reasonable accommodation under federal law. 1630.2(o)(3). There areperksto creating a company culture that welcomes employees with disabilities. When in doubt, ask for clarification on the request and why. 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. Employees last name],
We have received your medical release from your doctor, [name] dated [date]. Think of theinteractive processas collaborating with your employees to develop accommodations. 222 0 obj
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Professional Pointer: Employee use of FMLA leave, particularly when the leave taken is intermittent, can be one of the more challenging leave-related situations employers face. Our focus on the People & Organization Development Team is to ensure that we are giving you the growth and development opportunities at the #1 public university in the world. The Interactive Process can begin in a number of ways. Take the employee's expressed preferences into consideration. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. }); if($('.container-footer').length > 1){
The company did not receive information in response to this request. 4 0 obj
Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. <>
The Americans with Disabilities Act (ADA) not only prohibits discrimination based on disability, but it also requires that employers provide workers with disabilities reasonable accommodations. 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. <>
Keep up with the story. ("I need an anti-glare screen."). Equal Employment Opportunity Commission, For more training and information on the interactive process, see JAN's Just-In-Time Training Module ", For information on the interactive process in relation to service providers, see, No Blog Posts available for Interactive Process. However, the company offered her the option of leaving work at 4 p.m. There should be no ambiguity in the explanation of the change. [SHRM members-only toolkit:Accommodating Employees' Disabilities], In holding that the ADA discrimination and FMLA retaliation claims could not proceed to trial, the court noted the company's legitimate basis for its termination decisionnamely, excessive absenteeism and the well-established principle that "an employee's failure to show up for work is a legitimate reason for firing her." Never assume an employee is disabled. Company Email Notifying of a Process Change | Edit & Forward You can update your choices at any time in your settings. Understanding The ADA's Interactive Process - Insperity }
If there is any question concerning the nature of the limitation or appropriateness of an accommodation being considered, the supervisor should consult with the Vocational Rehabilitation Counselor in University Health Services. A Transfer Search may be another option. ", "Has that triggered the need for an interactive process? Keep your message as short as possible. wy}v%,V(f8T8b@c9\8u8K C17+Y:AB9*8r3wBA=kXP2c#:y]fJupQ0@@/I(-qRC>
.1FENSSbi/8fkc//`Ny!6rO"Rd0Z7jN)43/WU!HN(tj&]l Your Accommodation Request Was Denied. The request can also come from someone other than the employee. 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? Ultimately, she refused this proposal and instead sought intermittent FMLA leave that would allow her to leave at 2 p.m., and she immediately adjusted her schedule accordingly. The interactive process is a conversation between an employer and an employee to determine if the employee requires a reasonable accommodation to perform the essential functions of their job and if so, what the accommodation (s) may be. "Often the request doesn't come until, for example, theres a performance management action thats going on." Court decisions interpreting the ADA provide some general principles. 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. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. The interactive process isnt always necessary, though. An employer that grants schedule adjustments that aren't required under the Americans with Disabilities Act (ADA) may later stop allowing such changes when the employee declines to help the employer identify a reasonable accommodation, a recent 5th U.S. 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. endstream
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In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. The employee does not have to formally notify the supervisor or department in writing. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. Asking for all medical records will rarely, if ever, meet this test. When a request is made, employers should first look for a quick, simple and easy solution,Fram said. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. Make use of words in such a way that . No Past In-Person Trainings for Interactive Process. A good idea is to include a discussion of the interactive process as part of your ADA policy. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. Your release form states you may return to work with the following medical work restrictions: XXXXXXXXXXXXX
An interactive process meeting (can be in person or via telephone) was held on [date] to discuss reasonable accommodations [for you to continue working/for you to return to work] while recovering from your injury. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. As part of this process, the EEOC recommends that employers: (1) Analyze the particular job involved and determine its purpose and essential functions; (2) Consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation; (3) In consultation with the individual to be accommodated, identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and. Many employers dont want to, because they dont want to hear what JAN says, but you can be sure that if youre sued the employees lawyer will be calling JAN. You cant hide your head in the sand on this. The law requires that employees and employers engage in the Interactive Process. Need help with a specific HR issue like coronavirus or FLSA? 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. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. Please log in as a SHRM member before saving bookmarks. This is a request for a reasonable accommodation. Step 3: Get Job Descriptions in Order Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. Thats because their request for a new chair isnt related to a medical condition. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. 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 . But the supervisor should have enough training to know when its time to go to HR. "), That the supervisor said, "How can I help you? Empower your employee to express concerns with their accommodations at any time. No Past Recorded Modules for Interactive Process. Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. l&#$/ h o u x ta SKN That way, no one is surprised when the accommodation is revisited down the road. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. It's not a terribly complicated idea, but many employers fall short in the execution.