As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. Employees last name],
We have received your medical release from your doctor, [name] dated [date]. }
%
Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. 1. In June 2013, the plaintiff made an accommodation request under the ADA to lie down while at work due to dizzy spells related to her pregnancy. Members may download one copy of our sample forms and templates for your personal use within your organization. Dont prematurely end the process,"Schwarz said. 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. Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. However, the company offered her the option of leaving work at 4 p.m. If you are claiming undue hardship, you need to be able to articulate why youve met that standard. 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.". Accommodation and Compliance: Interactive Process, EEOC (Reasonable Accommodation and Undue Hardship (EEOC Guidance), JAN's Effective Accommodation Practice Series: Interactive Process and Service Providers, Employers' Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA), Employers' Practical Guide: Reasonable Accommodation During the Hiring Process, Addressing Requests for Sit/Stand Workstations, Best Practices for Addressing Requests for Ergonomic Chairs, Making a Statement About Reasonable Accommodation and Equal Opportunity, Providing Temporary or Trial Accommodation Solutions, Recertifying the Ongoing Need for Accommodation, Using Third-Party Vendors to Process Accommodation Requests. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. | 1 p.m. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. If an accommodation is not considered reasonable, refer to Sections IV and V below. Employee Signature:__________________________________Date:____________
Supervisor Signature:__________________________________Date:____________
# % & = > ? An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. The interactive design is user-friendly and highly engaging. The Interactive Process can begin in a number of ways.
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. The process requires an individualized assessment of both the job and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation. Evaluate whether the employee can perform the job safely. Whenever a supervisor decides not to grant an employee's request for assistance (even when the assistance has not been identified as a request for accommodation of a disability), the best practice is to provide the employee with the campus policies/procedures pertinent to accommodation of employees with disabilities. Adobe PDF viewer is required for some of these documents. The description of the [modified/alternate] employment is as follows (include description of accommodation here):
This is a temporary accommodation, not a permanent position. Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. z0#D0v[{qL*Aoco; tY-bGG[!8^N^1swy QZU^BL@z6xWbt aQ"(4^+(4`V@91&jE,_C5lRqk_h:f.tlZr.9gO(t"w#\O #*^]]7j]" :It)Rf!n', The company was able to edit these forms to fit its needs. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. Consistent with departmental and campus practices, the supervisor may agree to an accommodation for essential functions, and to accommodation for, or elimination of, non-essential functions. The sample Options Letter may be modified by an appointing power 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 " An employee submitted an accommodation request for an ergonomic chair due to a back injury. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP.
An employer's duty to initiate the 'interactive process' without a $("span.current-site").html("SHRM MENA ");
But the supervisor should have enough training to know when its time to go to HR. This is particularly true if the employer has no indication the disability is impacting the employees ability to perform his or her essential job functions. [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." This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. Before sharing any final decision with the employee, the Department should consult with the Disability Case Management Counselor, Employee Relations and the Departmental Human Resources Manager. ", Often, supervisors don't recognize an accommodation request or ignore the request, according to Beth Loy, principal consultant with the Job Accommodation Network (JAN), a program funded by a contract with U.S. Department of Labor's Office of Disability Employment Policy. The good news, according to David Fram,director of ADA &EEO services for the National Employment Law Institute, is there's something you can do about it. This is not the case employers are free to try accommodations and stop them if they do not work.
ADA Best Practices For Employers Engaging in an Interactive Process This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". Choose someone to ensure that the request for accommodations gets processed. A good idea is to include a discussion of the interactive process as part of your ADA policy. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. <>>>
Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. This documentation may also include the medical practitioners suggestions about potential accommodations. The ability of employers and their managerial staff to recognize requests is important. Circuit Court of Appeals decision shows. "The interactive process is such an important step for employers," he told HR Dive, and "its totally in the employers control to get right or mess up. Here are seven common mistakes. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. There areperksto creating a company culture that welcomes employees with disabilities. "If it wont work, you can show you did all you could have done. ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. 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. "Often the request doesn't come until, for example, theres a performance management action thats going on." 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. 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."
USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California }); if($('.container-footer').length > 1){
Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. hVnF}LwYIn]m2Y$gnVUmP;gJ+Jh1LN[Vx0;(EfxTB-[e MJ r
!w2e!CJVF4""5\IexNVr7Zr':A] ;90Zj5RlQJu9MUJrZ?fi%Pz66
~E>yQ%^4mv2TP4&
^>r9yHk*@bM45Z]{Vx\i#sL#~wTGX*Wd9ElUozj(F$Y~(*L8rp!o_TMYe**5//Z"s5WMo*tpvjgOnaH6>Ia=YLEUp}C|X3rbartqs\A:7rg7J{|Ar#fQ}'>MS *PbX6b=*y/~'JOr!hgT.t-k]%~Ma!ED]J\Q68xE.~2TY$?G!2HSD var temp_style = document.createElement('style');
(For example, "I'm getting headaches from the glare from my computer screen. Circumstances or the effectiveness of accommodations can change over time. Lawsuits allege Kroger payroll transition glitch led to missed, incorrect paychecks, Quiet Black History Month a warning sign, DEI pros say, Starbucks faces corporate employee revolt, Everything employers must know on employee development, Boost Employee Engagement with Small Moments of Joy at Work, Winning the War for Talent: Why On-Demand Pay Is Becoming the Must-Have Benefit to Get and Keep the Best Employees, QVC, HSN parent lays off 12% of its workforce, How layoffs can have negative long-term consequences for companies, How to address the lack of hybrid work guidelines, Top 10 Workplace Trends for Thriving Work Environments, Caregiving Support: A Smart Investment for Employers in an Uncertain Economy, 5 Workplace Gaps Employers Cant Afford to Ignore, Top Compensation Sins HR Execs Must Avoid, Rethinking Population Health and the Intersection of the Primary Care Experience, NLRB judge: Starbucks committed egregious misconduct during Buffalo-area union drive, Manufacturer settles for $460K over CEOs alleged discriminatory age-based comments, What the person said when he or she came to the supervisor. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. 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. Also, include a closing and a polite signature.
In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. Employees can start the interactive process using any form, including verbal communication. endobj
The most important way to monitor accommodations is to encourage ongoing communication.
Federal Appeals Court Emphasizes Importance of Interactive Process in Necessary information may include documentation of the disability and need for accommodation. <>
For example, if an employee has a couple of doctors appointments during the next few weeks and needs to come in a little late, let the person do it. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. Think of theinteractive processas collaborating with your employees to develop accommodations. The original accommodation was a "transitional accommodation," that is it was intended for a specifically defined purpose and time period has elapsed; The employee indicates that a new accommodation may be necessary; or. This process is initiated either by: The employee's written or verbal request for assistance, or. IV. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID");
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. Don't hide your interactive process requirement, rather publicize it. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. endstream
endobj
189 0 obj
<>stream
Once the employer has identified the employees limitation that is causing a problem and has identified what that problem is, then the employer is ready to explore accommodation options. 4 0 obj
PDF The FEHA/ADA Interactive Process - Freeman Rehabilitation Services endobj
0
Learn more in our Cookie Policy. 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;}';
document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. l&#$/ h o u x While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. ; 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. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. Empower your employee to express concerns with their accommodations at any time. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO Dont assume that thecosts of providing the accommodationwill be too expensive. Zappos. Work with your employee to understand their specific challenges or limitations. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. It was created to assist you while you are recovering. "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. Accommodation options will be considered in discussions with the employee. 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. After an employee requests accommodations, the employer must take the appropriate steps. Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. Employees who are receiving accommodations need to understand that they should let their employers know if there are changes or problems with the accommodation and who specifically to contact. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." 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. 1 0 obj
This is a request for a reasonable accommodation. Once accommodation options have been explored, the employer must choose what accommodation to implement. Never assume an employee is disabled. No Past In-Person Trainings for Interactive Process. First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. What does antisemitic discrimination look like at work? Once an accommodation has been chosen, it is time to implement the accommodation. Make use of words in such a way that . Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. ' ( 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
Reasonable Accommodation and the Interactive Process For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. Your Accommodation Request Was Denied. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. 222 0 obj
<>stream
A Transfer Search is a process that may be available to employees who cannot perform the essential functions of their own position for an extended period of time, but are able to work in other jobs. If it is an email, include an email signature with your contact information. 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. $(document).ready(function () {
The following persons will be present at this meeting: [names of meeting participants]. 3 0 obj
Interactive Process - Freeman Rehabilitation Services To request permission for specific items, click on the reuse permissions button on the page where you find the item. Shortly thereafter, the plaintiff asked her supervisor for a temporary modification to her work schedule that would allow her to leave the office early to avoid panic attacks brought on by stress associated with heavy traffic. No Past Exhibit Booths for Interactive Process. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. hn UVmH nH u hn jD hn U A Transfer Search, if appropriate, is a continuation of the Interactive Process. 3 0 obj
Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. According to the EEOC, the interactive process is not always required under the ADA. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. 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. 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. McAfee & Taft A Professional Corporation. Employers must also act promptly to initiate this discussion. 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. Its a good idea to touch base with your employee on how things are going. hn U ji.3 When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. o @
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. Another EEOC recommendation is to consider the employees preference. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Please enable scripts and reload this page. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. These accommodations are specific to each individuals needs. Knowing When to Request Medical Information, What does "Undue Hardship" mean? Never assume an employee is disabled. 1 0 obj
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. One thing employers might want to do when testing accommodations is to make a written agreement with the employee that the accommodation is being tested, how long the test will be, and what will happen if the accommodation does not work. 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. %PDF-1.5
When in doubt, ask for clarification on the request and why.