When expanded it provides a list of search options that will switch the search inputs to match the current selection. (4) Consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the employer. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. 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. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. A large company wanted to standardize all of the accommodation requests it receives. If an employee is unable to perform the essential functions of his/her job even when provided reasonable accommodations (to the extent they exist), a Medical Separation may be the appropriate next step. Jonathan E. O'Connell, SHRM-SCP, is a labor and employment attorney practicing with the federal government in Washington, D.C. [Visit SHRM's resource page on theAmericans with Disabilities Act.]. " After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. Never assume an employee is disabled. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. 4 0 obj endobj If everything is working well, she continues to check in every six months. You can update your choices at any time in your settings. endobj document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Using the Interactive Process to Reach a Reasonable Accommodation. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. "If an employee mentions some type of limitation or problem, the supervisor should err on the side of caution and move to talk to the employee.". This includes information on the essential job functions your employee can and cant do. endstream endobj 189 0 obj <>stream 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. }); if($('.container-footer').length > 1){ 2 0 obj 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. Here are some recommended steps to include in your checklist. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> The Interactive Process can begin in a number of ways. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. The most important way to monitor accommodations is to encourage ongoing communication. 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. Keep up with the story. ' ( b c h yi hn >*B*OJ QJ ^J ph hn OJ QJ ^J hn B*OJ QJ ^J ph hn B*OJ QJ ^J ph h] OJ QJ ^J h] h] h}R hn OJ QJ ^J j hn CJ [See. 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. No Past Recorded Modules for Interactive Process. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. But Fram also advises documenting the following: If there isnt a quick fix, Fram said, then the formal ADA process should started "not by supervisors, but by HR or legal. By using this site, you accept and agree to be bound by these terms. According to the EEOC, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation" when requesting an accommodation. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. Whether sending an email or letter, add a professional greeting that includes the person's name. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. No Past In-Person Trainings for Interactive Process. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. IV. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. Court decisions interpreting the ADA provide some general principles. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. Once youve identified an accommodation request, its best to take action immediately. And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. Communication is especially important if youve provided any assistive technology or equipment. n\3C[% 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. This is not the case employers are free to try accommodations and stop them if they do not work. 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. ", "Has that triggered the need for an interactive process? endobj It may also come as a result of administering FMLA leave or a workers compensation claim. The standard of proof required here is low: when an employee continues to come to work, and continues to perform at least some of his or her essential duties, employers are encouraged to proceed with the interactive process. What Now? Thats because their request for a new chair isnt related to a medical condition. Make use of positive language and try to remain positive throughout the email. Members may download one copy of our sample forms and templates for your personal use within your organization. ", The employees request. 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. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. o @ Find the latest news and members-only resources that can help employers navigate in an uncertain economy. ` 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. Accommodations Beyond Job Performance = Compliance and Inclusion, Changing a Supervisor as an Accommodation under the ADA, Cognitive Impairment and the Interactive Process, Good Deeds Not Punished: Dispelling the Idea of Precedent Setting and the ADA, Out with the Old, In with the NewSupervisor, Providing Temporary Accommodation Solutions, Recognizing an Accommodation Request Under the ADA. 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. ("I need an anti-glare screen."). The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Its a good idea to touch base with your employee on how things are going. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. This includes with or without reasonable accommodation. II. Choose someone to ensure that the request for accommodations gets processed. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. 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Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? [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." Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. 2 0 obj There areperksto creating a company culture that welcomes employees with disabilities. Trello. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO The request doesnt have to include any specific terminology. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. 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 procedures apply for employees covered by the Americans with Disabilities Act (ADA), The California Fair Employment and Housing Act and/or Sections 503/504 of the 1973 Rehabilitation Act. *&edtb?iB!+"M@"8hzMC|;q All rights reserved. ta SKN After six months, she hadnt heard anything. Read more Select Accept to consent or Reject to decline non-essential cookies for this use. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. Employees last name], We have received your medical release from your doctor, [name] dated [date]. Evaluate whether the employee can perform the job safely. McAfee & Taft A Professional Corporation. process will be maintained in your medical file, which is separate from your personnel file.
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