Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. Please log in as a SHRM member before saving bookmarks. Members may download one copy of our sample forms and templates for your personal use within your organization. ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave. 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. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. 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. Asking for all medical records will rarely, if ever, meet this test. Unnecessary delays are a violation of the ADA. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. > g  f bjbj 4 X " A Deconstructive Series for ADA Terminology, What to Include in Your ADA/Accommodation Toolkit, California Reasonable Accommodation Package, EEOC's Reasonable Accommodation, Establishing Procedures to Facilitate the Provision of, JAN Just-in-Time Module: Interactive Process, U.S. 1 0 obj The interactive process isnt always necessary, though. Decision-making authority: Department head or designee. In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. Subscribe to the HR Dive free daily newsletter, Subscribe to HR Dive for top news, trends & analysis, The free newsletter covering the top industry headlines, Tango Introduces New Batch Blur Functionality, SocialTalent Launches The SocialTalent Academy: A Professional Certification Program for Recru, Talkspace Launches First-of-its-Kind Portal Dedicated to Employee Mental Health Resources, Talent Attraction and Retention for 2023: Finance and HR leaders should look to on-demand pay,, By signing up to receive our newsletter, you agree to our, Webinar 1998) (when the employee "fail[s] to hold up her end of the interactive process by clarifying the extent of her medical restrictions, [the employer] cannot be held liable for failing to provide reasonable accommodations"); ", The employees request. that employee's ability to perform the duties of his or her position, of the various options available to the employee, and to invite the employee to engage in an interactive process to develop an appropriate plan to resolve the employee's work-related medical issues. 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. "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. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. 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. 200 0 obj <>/Filter/FlateDecode/ID[<5D6158DB4243BF4189442C3921752F86>]/Index[184 39]/Info 183 0 R/Length 86/Prev 194116/Root 185 0 R/Size 223/Type/XRef/W[1 3 1]>>stream An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. Employees last name], We have received your medical release from your doctor, [name] dated [date]. 2 0 obj This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. These forms included medical inquiry, onboarding, trial, and other process forms. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. 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. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. "I advise employers to bend over backwards to help somebody who is saying, 'I need some help'for something that might possibly be a disability, whether or not you like the person,"Fram said. ", Additionally, employers sometimes request or gather too much medical information, Loy said. (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. These accommodations are specific to each individuals needs. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. In order for the practitioner to provide a knowledgeable recommendation, the job description with the essential assigned duties annotated and a PEM form for the job should be provided to the employee to give to her/his practitioner. The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. 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The California Fair Employment and Housing Act requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship. | 1 p.m. Topics covered: National employment laws, harassment, accommodations, training, and more. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". There should be no ambiguity in the explanation of the change. 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. *&edtb?iB!+"M@"8hzMC|;q It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. "), That the supervisor said, "How can I help you? The marginal functions of a second crew member include cleaning the small kitchen in the employee's lounge, which is something the first crew member can perform. 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. Whether sending an email or letter, add a professional greeting that includes the person's name. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. ta SKN Pay careful attention to medical-related issues employees bring to your attention. The following list provides some guidelines. Then select the most appropriate accommodation for you and your employee. The following persons will be present at this meeting: [names of meeting participants]. (Supervisors should stay out of medical details as much as possible, Fram said.). Read more <> Members can get help with HR questions via phone, chat or email. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. II. Navigating the New EU Unitary Patent, EEOC targeting discriminatory use of artificial intelligence, Court upholds firing of marijuana cardholders discharged after positive weed test, Deadline nears for complying with PUMP Acts expanded protections for nursing mothers in the workplace. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. 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. Let HR Dive's free newsletter keep you informed, straight from your inbox. %PDF-1.5 % Once accommodation options have been explored, the employer must choose what accommodation to implement. }); if($('.container-footer').length > 1){ Select Accept to consent or Reject to decline non-essential cookies for this use. If you are claiming undue hardship, you need to be able to articulate why youve met that standard. Keep it brief. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); That way, no one is surprised when the accommodation is revisited down the road. This documentation may also include the medical practitioners suggestions about potential accommodations. 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. Don't hide your interactive process requirement, rather publicize it. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. endstream endobj startxref 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. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. 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. If it is an email, include an email signature with your contact information. 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 interactive process often begins when the employee makes an accommodation request. 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 . IV. ("I need an anti-glare screen."). Please confirm that you want to proceed with deleting bookmark. $('.container-footer').first().hide(); But Fram also advises documenting the following: If there isnt a quick fix, Fram said, then the formal ADA process should started "not by supervisors, but by HR or legal. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. The law has helped hundreds of millions of workers in its relatively short history. 3 0 obj {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. Fram said he sees the same problem. If the employee cannot provide the necessary information, then medical documentation can be useful. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. ", "Has that triggered the need for an interactive process? However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. If an accommodation is not considered reasonable, refer to Sections IV and V below. A good idea is to include a discussion of the interactive process as part of your ADA policy. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 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. 4 0 obj process will be maintained in your medical file, which is separate from your personnel file. When the need isn't obvious, more information will be helpful when discussing accommodations. That the supervisor didn't ask anything medical. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. 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. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. 4 This is a request for a reasonable accommodation. 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. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. 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. So its important to note that your employees request doesnt have to be in writing. $("span.current-site").html("SHRM MENA "); hn UVmH nH u hn jD hn U The accommodation [will begin or began] on [date] and end based upon future doctor visits. A human resources assistant was working with an electrician who needed accommodations related to seizures. This is the time to brainstorm and consider what might work. 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. If the accommodation involves an outside service, someone needs to make sure the service is provided promptly and effectively. This agreement should be documented. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). 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. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. o @ 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 Together you can discuss the potential impact of the accommodations. JANis a free national resource for employers looking for help with accommodations. Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO $(document).ready(function () { Think of theinteractive processas collaborating with your employees to develop accommodations. 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. Circuit Court of Appeals decision shows. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. 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. V. If an Employee Declines an Offer of Accommodation, Procedure 36: Classification of Positions, Procedure 60: Layoff and Reduction in Time from Professional and Support Staff Career Positions, Procedure 84: Accommodations for Nursing Mothers, Reasonable Accommodation and the Interactive Process, Family and Medical Leaves of Absence (FMLA/CFRA/PDL), Berkeley Campus Policy/Procedure for Medical Separation, Procedure 84: Accommodations for Nursing Mothers. The important thing for employers to remember is not to ask for too much information. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. When an employee becomes unable to perform the essential, assigned duties of the currently-held position as a result of a covered disability, the Berkeley campus is committed to providing services to assist the employee.