ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. If there is more than one option, the employer should consider the preference of the employee. The request can also come from someone other than the employee. Reasonable Accommodations for Employees and Applicants with - DOL Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. $("span.current-site").html("SHRM China "); Take the employee's expressed preferences into consideration. 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. Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. ", The employees request. } Make a request for an accommodation verbally, in writing, and/or using one of the above methods, to the RARC, the agency Workplace Equality Compliance Officer (WECO), a Deciding Official (typically the first line supervisor/manager), the servicing human resources office, or any agency employee connected with the job application process, as Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. Keep it brief. If the employee cannot provide the necessary information, then medical documentation can be useful. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. PDF The FEHA/ADA Interactive Process - Freeman Rehabilitation Services The court concluded that her response to the company's proposal to leave at 4 p.m. was "not the stuff of flexible [and] interactive discussions.". The EEOC (Reasonable Accommodation and Undue Hardship (EEOC Guidance)provides the following examples: Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." Accommodation options that can be explored, include, but are not limited to: Making existing facilities used by employees readily accessible to and usable by the disabled employee; Acquiring or modifying equipment or devices; Providing qualified readers or interpreters; and. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. The law requires that employees and employers engage in the Interactive Process. If it is decided that a proposed accommodation is unreasonable or presents an undue hardship, the Department should re-initiate the Interactive Process with the employee to try and arrive at a mutually agreeable alternative to the originally proposed accommodation. 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. An employer's duty to initiate the 'interactive process' without a Box 370, San Carlos CA 94070 Phone: 650-595-4447 ~ Fax: 866-804-0574 dfreeman@freemanrehabilitationservices.com Interactive Process Here are links to a sample interactive process letter to employees and charts. The interactive process can begin when the employee makes the request. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M } endstream endobj 189 0 obj <>stream Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. endobj Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. Another EEOC recommendation is to consider the employees preference. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. &. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. Communication is especially important if youve provided any assistive technology or equipment. 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. Thats because their request for a new chair isnt related to a medical condition. ("I need an anti-glare screen."). The interactive process will look different for everyone. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. DOCUMENTING CURRENT ACCOMMODATIONS A Transfer Search, if appropriate, is a continuation of the Interactive Process. Once accommodation options have been explored, the employer must choose what accommodation to implement. 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. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. 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. Other factors suggest that a new accommodation is needed and it is time to re-initiate the Interactive Process. (800) 526-7234 (Voice) | (877) 781-9403 (TTY) | Employer Live Chat, Home| About| For Employers| For Individuals| For Others| On Demand, Feedback| Accessibility| Copyright| Disclaimer| Privacy. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Also, include a closing and a polite signature. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. 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. 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. Employee Letter and Email Examples - The Balance Careers If it is a written letter, include a handwritten signature. 1630.2(o)(3). Accommodation options will be considered in discussions with the employee. There may be times when the appropriate accommodation is obvious. If you know an employee with a disability has a need, you can begin the interactive process in good faith. Let's say you have an employee that uses a wheelchair. If it is an email, include an email signature with your contact information. 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 EEOC recommends that you analyze the job, its purpose, and its essential functions. Notice may also come in the form of objective proof, such as sudden or increasing inability to perform job functions or other physical manifestations of symptoms that are readily observable to others in the workplace. Dont assume that thecosts of providing the accommodationwill be too expensive. Make use of positive language and try to remain positive throughout the email. If a disability precludes an employee from performing one or more essential job functions, the Department and employee, in consultation with Vocational Rehabilitation, Employee Relations, and other offices as necessary, should begin the Interactive Process. In this regard, the court observed that Time Warner had "a record of granting [the plaintiff's] numerous accommodation and FMLA leave requests back to 2013, even when it was not required to do so by law. "), That the supervisor said, "How can I help you? Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. 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. 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. ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. It's not a terribly complicated idea, but many employers fall short in the execution. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. No Past In-Person Trainings for Interactive Process. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. of Fair Employment & Housing (DFEH) expects employers to make up to three attempts, if needed, to contact the employee regarding participation in the interactive meeting. The supervisor may request that the employee provide written documentation from a licensed medical practitioner, specifying the employees functional limitations as they pertain to the job, without providing diagnostic information. Determine if any repair, maintenance, or replacement is necessary to any equipment. PDF Sample Options Letter for Resolving Medical/Employment Issues - California When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. Notice of an employees desire for an accommodation can take a variety of forms, including notice that the employee wants to remain employed (in some capacity). The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. <> For example, if an employee with a non-visible disability indicates she is having trouble completing her work tasks because of her disability, the employer does not have enough information to provide effective accommodations. You have successfully saved this page as a bookmark. To help determine effective accommodations, the Equal Employment Opportunity Commission (EEOC), recommends that employers use an interactive process, which simply means that employers and employees with disabilities who request accommodations work together to come up with accommodations. The EEOCs Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides that as a general rule, the individual with a disability who has the most knowledge about the need for reasonable accommodation must inform the employer than an accommodation is needed. The request can be made verbally or in writing. Employees can start the. Responding to Employee Accommodation Requests under the ADA: Navigating <> Second, the employer must also have notice of the employees desire to obtain some type of accommodation. Circumstances or the effectiveness of accommodations can change over time. DOC JAN - Job Accommodation Network This step is very important to the success of an accommodation. But the supervisor should have enough training to know when its time to go to HR. Friends, family, and health professionals can request accommodations on an employees behalf. A Transfer Search may be another option. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. Whether sending an email or letter, add a professional greeting that includes the person's name. What does antisemitic discrimination look like at work? Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. 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. h* e N N N h* e e }* N e e f* N f* r ) T * y d b) R* * 0 * p) 0 v p 0 * 0 e * D 8 t h* h* * N N N N 0 " }); if($('.container-footer').length > 1){ ta SKN Need help with a specific HR issue like coronavirus or FLSA? n\3C[% Using the Interactive Process to Reach a Reasonable Accommodation. An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. You dont have to provide a reasonable accommodation that would cause undue hardship. But you must select the next reasonable and effective accommodation when this happens. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. % One good approach is to withhold the employees name and identifying information from outside resources.

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