sample interactive process letter to employee sample interactive process letter to employee

For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. ", The employees request. 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. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. 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. So its important to note that your employees request doesnt have to be in writing. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. endobj In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. Copyright 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 The request can also come from someone other than the employee. ET, Webinar Pay careful attention to medical-related issues employees bring to your attention. 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. 4 %PDF-1.5 But the supervisor should have enough training to know when its time to go to HR. stream The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. This is the time to brainstorm and consider what might work. 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. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. However, the company offered her the option of leaving work at 4 p.m. Choose someone to ensure that the request for accommodations gets processed. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. 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. Following . - A Deconstructive Series for ADA Terminology, What Does Reasonable Mean? 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. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. You have successfully saved this page as a bookmark. 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 If assistance is desired, please call the ACCES Consultant at (858) 888-8888. Essential functionsare the basic job duties that an employee must be able to perform. "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. Select Accept to consent or Reject to decline non-essential cookies for this use. Ask your employees if they have any thoughts on what might help. 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). 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. Your Accommodation Request Was Denied. Topics covered: National employment laws, harassment, accommodations, training, and more. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. Before meeting with the employee, review the employee's current job description and any available 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. hn U ji.3 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. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? The company did not receive information in response to this request. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. It may also come as a result of administering FMLA leave or a workers compensation claim. This is a request for a reasonable accommodation. n\3C[% SHRM Employment Law & Compliance Conference, ADAs Interactive Process Is a Two-Way Street, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, EEOC Lawsuit Highlights Cancer Discrimination in the Workplace. What does antisemitic discrimination look like at work? ` (Supervisors should stay out of medical details as much as possible, Fram said.). 1. ", Additionally, employers sometimes request or gather too much medical information, Loy said. This agreement should be documented. 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. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. 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. 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. The important thing for employers to remember is not to ask for too much information. JAN offers the following additional information and tips for the interactive process, starting with the accommodation request: The interactive process starts with an accommodation request from an employee with a disability so it is important for employers to be able to recognize a request. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. stream No Upcoming Events for Interactive Process. No Past In-Person Trainings for Interactive Process. In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. Employers that follow the technical requirements of the statute, demonstrate flexibility and document their compliance put themselves in the best position in the event of litigation. And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. 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. They are excellent. Here are some recommended steps to include in your checklist. When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. That there was followup, but that it stayed away from medical details. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. the employees disability and need for accommodation are obvious. The interactive process isnt always necessary, though. 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. +R^_C%342hE0qmQSK[ x Members may download one copy of our sample forms and templates for your personal use within your organization. 184 0 obj <> endobj "If there is one, go ahead and just do it." It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. } "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. 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. After complaining to her supervisor, the supervisor talked with HR. Keep up with the story. endobj III. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. Make use of words in such a way that . Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. The interactive design is user-friendly and highly engaging. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. Once youve identified an accommodation request, its best to take action immediately. This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". This notice does not need to disclose the employees specific condition. 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. <>>> Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." The most important way to monitor accommodations is to encourage ongoing communication. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. % 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. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. endobj Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. The employee does not need to use any magic language when making the request, and need not reference the ADA or specifically use the term reasonable accommodation. This notice triggers the employers obligation to initiate the interactive process. %PDF-1.5 If the employee is not a top performer or a malingerer,the supervisor doesn't want to engage; "thats when things go wrong," he said. o @ Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. (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. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. Let HR Dive's free newsletter keep you informed, straight from your inbox. Zappos. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. It was created to assist you while you are recovering. Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. 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. Don't hide your interactive process requirement, rather publicize it. Employers must also act promptly to initiate this discussion. " 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. 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. If it is a written letter, include a handwritten signature. endobj An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. The ability of employers and their managerial staff to recognize requests is important. $(document).ready(function () { It's not a terribly complicated idea, but many employers fall short in the execution. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. A Department should consider the factors listed in Section III. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Circuit Court of Appeals decision shows. Never assume an employee is disabled. This is a request for a reasonable accommodation. Fram said he sees the same problem. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). &. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. }); if($('.container-footer').length > 1){ Reasonable Accommodation - National Association of Letter Carriers AFL-CIO That the employer has provided what was requested. 0 ", "On the communication side, one of the really useful tools is documentation," Schwarz said. Once the employer has notice of a disability and the need for an accommodation, the ADA requires (1) direct communication between the employer and employee to explore in good faith the possible accommodations; (2) consideration of the employees request; and (3) offering an accommodation that is reasonable and effective.. <> 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. These ideas, along with any ideas from the employee and employees medical provider, must be documented. 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. 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. The interactive process can begin when the employee makes the request. ' 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. Please log in as a SHRM member before saving bookmarks. Please purchase a SHRM membership before saving bookmarks. Empower your employee to express concerns with their accommodations at any time. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. Necessary information may include documentation of the disability and need for accommodation. Douglas Schwarz, a partner with Morgan, Lewis & Bockius LLP, said that recognizing when someone has requested an accommodation is not always an easy thing to do, especially because there's no bright-line event or statement that triggers the employers obligation to participate in the interactive process. 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. This is not the case employers are free to try accommodations and stop them if they do not work. If an accommodation is not considered reasonable, refer to Sections IV and V below. 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. $('.container-footer').first().hide(); 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. 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. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. 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. You can update your choices at any time in your settings. @ A B U V n o z { The sample Options Letter may be modified by an appointing power endstream endobj 185 0 obj <>/Metadata 16 0 R/Pages 182 0 R/StructTreeRoot 32 0 R/Type/Catalog>> endobj 186 0 obj <>/MediaBox[0 0 612 792]/Parent 182 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 187 0 obj <>stream If it is an email, include an email signature with your contact information. 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 can even have a trial period whenever theres doubt that an accommodation will be a good fit. 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. 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. This is considered an accommodation request. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. "You rarely see an . 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. This button displays the currently selected search type. + : UNIVERSITY OF CALIFORNIA, SAN DIEGO EMBED Word.Picture.6 SANTA BARBARA ( SANTA CRUZ BERKELEY ( DAVIS ( IRVINE ( LOS ANGELES ( MERCED ( RIVERSIDE ( SAN DIEGO ( SAN FRANCISCO Reasonable Accommodation Agreement Date: Dear [Mr./Ms. 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. The interactive process will look different for everyone. % If you are claiming undue hardship, you need to be able to articulate why youve met that standard. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. endstream endobj 188 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. This step is very important to the success of an accommodation. ta SKN The employer can switch the marginal functions performed by these two employees. If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. |^| That way, no one is surprised when the accommodation is revisited down the road. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. These accommodations are specific to each individuals needs. If the employee refuses to make a good faith effort to perform the essential functions of his/her job using a reasonable accommodation offered by the supervisor, the employee and supervisor should re-initiate the Interactive Process, working with the department and the Vocational Rehabilitation group, and Employee Relations to identify alternatives. If there is more than one option, the employer should consider the preference of the employee. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. endobj (For example, "I'm getting headaches from the glare from my computer screen. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. 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.