sample interactive process letter to employee

stream An employee submitted an accommodation request for an ergonomic chair due to a back injury. I ^ b h ) , z |n`n h\ B*OJ QJ ^J ph hn B*OJ QJ ^J ph h\ >*B*OJ QJ ^J ph $h\ h\ >*B*OJ QJ ^J ph $h\ hn >*B*OJ QJ ^J ph hn 56OJ QJ \]^J hn hn B*OJ QJ ^J ph h}R OJ QJ ^J hn OJ QJ ^J hn B*OJ QJ ^J ph hn OJ QJ ^J %6 7 C g S T 0 hFj! Dont assume that thecosts of providing the accommodationwill be too expensive. 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. The EEOCs recommended starting point is to use an interactive process once a request has been made. "Often the request doesn't come until, for example, theres a performance management action thats going on." 1. ta SKN He does not link his need for the new chair with a medical condition. The interactive process can begin when the employee makes the request. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. Once accommodation options have been explored, the employer must choose what accommodation to implement. What Now? However, the company offered her the option of leaving work at 4 p.m. The company was able to edit these forms to fit its needs. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. 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. var temp_style = document.createElement('style'); After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. If on account of disability an employee continues not to perform the essential functions of the job, either because s/he refuses to utilize offered accommodations or because even reasonable accommodations do not enable him/her to perform the essential functions of the job, the employee may be eligible for medical separation. A good idea is to include a discussion of the interactive process as part of your ADA policy. <> document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Learn more in our Cookie Policy. Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave. That the employer has provided what was requested. "You rarely see an . The assistant wanted the employee to sign a blanket medical release. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. The interactive process often begins when the employee makes an accommodation request. $("span.current-site").html("SHRM MENA "); For example, if an employee who uses a wheelchair requests that his desk be placed on blocks to elevate the desktop above the arms of the wheelchair and the employer complies, an appropriate accommodation has been requested, identified, and provided without the need for a formal process. Communication is especially important if youve provided any assistive technology or equipment. In December 2014, the plaintiff's new supervisor made it clear that in the absence of an approved accommodation under the ADA, she was expected to be in the office beginning in the new year. Circumstances or the effectiveness of accommodations can change over time. " The law has helped hundreds of millions of workers in its relatively short history. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. In some cases, an accommodation stops being effective for various reasons such as: the employees limitations change, workplace equipment changes, the job changes, the workplace itself changes, or the accommodation becomes an undue hardship for the employer. Determine if any repair, maintenance, or replacement is necessary to any equipment. }); if($('.container-footer').length > 1){ Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." When expanded it provides a list of search options that will switch the search inputs to match the current selection. 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. A large company wanted to standardize all of the accommodation requests it receives. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. The following list provides some guidelines. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. This button displays the currently selected search type. No Past Recorded Modules for Interactive Process. If it is an email, include an email signature with your contact information. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. %PDF-1.5 Friends, family, and health professionals can request accommodations on an employees behalf. So it's important to note that your employee's request doesn't have to be in writing. ", "Has that triggered the need for an interactive process? 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 Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? "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. So when, exactly, does an employer have adequate or sufficient notice to initiate the interactive discussion without receiving a request for accommodation from the employee? 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. Before meeting with the employee, review the employee's current job description and any available 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 The interactive process is a conversation between an employer and an employee to determine if the employee requires a reasonable accommodation to perform the essential functions of their job and if so, what the accommodation (s) may be. The sample policy, written by a law firm, notes that it is intended to aid employers in meeting their obligations under the Americans with Disabilities Act (ADA), as amended, and states that the accompanying sample forms are for "informational, educational, and/or training purposes only." <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> 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. ", Additionally, employers sometimes request or gather too much medical information, Loy said. 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. 4 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. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." <> $('.container-footer').first().hide(); Adobe PDF viewer is required for some of these documents. No Remote Monthly Series Training for Interactive Process. The request doesnt have to include any specific terminology. "If it wont work, you can show you did all you could have done. You have successfully saved this page as a bookmark. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. 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. Pay careful attention to medical-related issues employees bring to your attention. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 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. To request permission for specific items, click on the reuse permissions button on the page where you find the item. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. Also, include a closing and a polite signature. Ask your employees if they have any thoughts on what might help. Please read our Cookie Notice. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. If there is more than one option, the employer should consider the preference of the employee. 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. 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. Our focus on the People & Organization Development Team is to ensure that we are giving you the growth and development opportunities at the #1 public university in the world. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. Virtual & Washington, DC | February 26-28, 2023. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. 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 The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. Copyright Reasonable Accommodation - National Association of Letter Carriers AFL-CIO It is with the understanding that after each future doctor visits you will provide a medical update indicating either a release to perform the essential functions of your position or information describing updated functional limitations, so that a determination can be made regarding continuation of the temporary accommodation. x[OF0Ic{|Y"vB!8$m38t =saOE9/t4d/_u0[,_K1KY3u\p,Q";[N>p '$tB/`;I=`O@b6` {vxsA *;AXN0(/:!Npt"qD?6:u>O3G?Fu0nI hDD1qpa o=^,LT7&Q8`!m+@Y.M7o"ACP9gC0+y=8A+uvoE %}IZ"EwV@_[PZmm[8>^||'=biB@^ru.@{&a[J{h%dyplpy5g}c!@75e! The ability of employers and their managerial staff to recognize requests is important. One good approach is to withhold the employees name and identifying information from outside resources. Here at UC Berkeley, we value your growth and development throughout your career journey. ' ( 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 II. "Interactive Process Checklist" any time they talk to the employee regarding these issues. Using the Interactive Process to Reach a Reasonable Accommodation. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. However, unless the disability or the need for accommodation is obvious, it is the responsibility of the employee to inform the supervisor that an accommodation is needed in order to perform the essential job functions, or to receive equal benefits and privileges of employment. ; Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. 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. | 2 p.m. After six months, she hadnt heard anything. This includes information on the essential job functions your employee can and cant do. 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. It is understood that these are temporary arrangements designed to allow UCSD employees to work while recovering from illness or injury, and do not represent a permanent change of duties or responsibilities. Other factors suggest that a new accommodation is needed and it is time to re-initiate the 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. &. If the employee requests a type of assistance the supervisor may simply provide it (without any reference to whether the request is disability-related), or the supervisor may ask if the assistance is being requested as an accommodation to a disability (and if the response is affirmative, proceed under campus procedures for accommodating employees with disabilities). 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 Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. Once an accommodation has been chosen, it is time to implement the accommodation. The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. Please note that all such forms and policies should be reviewed by your legal . 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. These ideas, along with any ideas from the employee and employees medical provider, must be documented. 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. (Supervisors should stay out of medical details as much as possible, Fram said.). Court decisions interpreting the ADA provide some general principles. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. After complaining to her supervisor, the supervisor talked with HR. ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. Unnecessary delays are a violation of the ADA. 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;}'; First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. So its important to note that your employees request doesnt have to be in writing. The campus will explore reasonable accommodation options when an employee requests accommodation, or there is evidence that an employee may need accommodation due to a covered disability. 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. It's not a terribly complicated idea, but many employers fall short in the execution. Then select the most appropriate accommodation for you and your employee. After an employee requests accommodations, the employer must take the appropriate steps. If you are claiming undue hardship, you need to be able to articulate why youve met that standard. 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. The EEOC recommends that you analyze the job, its purpose, and its essential functions. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. [See. 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. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. The company did not receive information in response to this request. 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. o @ 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." Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. h\ CJ Uncertainty from the start. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Please enable scripts and reload this page. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? 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 " Select Accept to consent or Reject to decline non-essential cookies for this use.