sample interactive process letter to employee

Employers must also act promptly to initiate this discussion. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. Reasonable accommodation can include, but is not limited to, the following: Employees with disabilities may have separate rights to unpaid leave under the Federal Family and Medical Leave Act or the California Family Rights Act. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. "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. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. Assess the operational needs of the department, considering issues such as: The number of persons employed in the department; The number, type and locations of the units within the department; The type of operation, including the composition, structure, and functions of its workforce, its geographic separateness, and the administrative relationship of the department to the campus; The impact of the accommodation on the operation of the department, including the impact on the ability of other employees to perform their duties and the impact on the department's ability to conduct business; The overall financial resources of the UC system; The impact of the accommodation on campus operations. Here are some recommended steps to include in your checklist. <>>> xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. You can update your choices at any time in your settings. 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. The following list provides some guidelines. 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. PDF CAN WE TALK?: The ADA Interactive Dialogue - Disability, Leave & Health 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. ", Additionally, employers sometimes request or gather too much medical information, Loy said. var currentUrl = window.location.href.toLowerCase(); 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. Employee Handbook Examples You Should Steal From - Workest %PDF-1.5 % 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. Keep your message as short as possible. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. Make use of words in such a way that . h\ CJ Additionally, don't use negative words as they have a bad impact. This is the time to brainstorm and consider what might work. The interactive process can begin when the employee makes the request. %PDF-1.5 Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. stream if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { The Office of Diversity, Equity, Inclusion, and Belonging (DEIB) fosters community and engagement for staff, develops programs and experiences for employees to increase their racial literacy and cultural fluency, and is committed to creating a community where all employees can be their authentic selves at work everyday. Your Employee & Labor Relations team now supports both represented and non-represented employees. $('.container-footer').first().hide(); 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. Once accommodation options have been explored, the employer must choose what accommodation to implement. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. 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. (Supervisors should stay out of medical details as much as possible, Fram said.). Employees can start the interactive process using any form, including verbal communication. 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. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. ; If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. No Past Recorded Modules for Interactive Process. How to engage in the 'Interactive Process' with an employee Employee Letter and Email Examples - The Balance Careers Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. "Interactive Process Checklist" any time they talk to the employee regarding these issues. 3 0 obj That the supervisor didn't ask anything medical. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. 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. ADA Reasonable Accommodation Interactive Process Letter USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California 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. The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. It was created to assist you while you are recovering. ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. The supervisor should consult with the employee to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions, and to discuss the employees preferences with regard to accommodations. Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave. {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Adobe PDF viewer is required for some of these documents. Determine if any repair, maintenance, or replacement is necessary to any equipment. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. The company was able to edit these forms to fit its needs. After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. 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. However, in keeping with the spirit of the interactive process, an employee who is struggling to adequately perform should be asked if there is any type of assistance that might enable the employee to better perform his/her job functions and, along with other material describing employee support resources, the employee should be given information about campus policies/procedures applicable to employees with disabilities. +R^_C%342hE0qmQSK[ x Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. ET, Webinar <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> 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. Thats because their request for a new chair isnt related to a medical condition. Please purchase a SHRM membership before saving bookmarks. Please log in as a SHRM member before saving bookmarks. A human resources assistant was working with an electrician who needed accommodations related to seizures. 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. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. So it's important to note that your employee's request doesn't have to be in writing. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. The law has helped hundreds of millions of workers in its relatively short history. 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;}'; Use JAN as needed we are free, and an outside resource. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. 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. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. $("span.current-site").html("SHRM MENA "); Trautman v. Time Warner Cable Texas LLC, 5th Cir., No. Together you can discuss the potential impact of the accommodations. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. This is not the case employers are free to try accommodations and stop them if they do not work. Unnecessary delays are a violation of the ADA. Members can get help with HR questions via phone, chat or email. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. 18-50053 (Dec. 12, 2018). If the employee cannot provide the necessary information, then medical documentation can be useful. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). 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. 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. After six months, she hadnt heard anything. The company did not receive information in response to this request. Uncertainty from the start. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. Choose someone to ensure that the request for accommodations gets processed. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. 1. The employee does not have to formally notify the supervisor or department in writing. Be open to doing things a different way. As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. 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. endstream endobj 188 0 obj <>stream What does antisemitic discrimination look like at work? 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. That way, no one is surprised when the accommodation is revisited down the road. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. Keep up with the story. - A Deconstructive Series for ADA Terminology, What Does Reasonable Mean? HSmk0nv^- IA}(uNf:$+ifaGM0b_C ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. Employee's Failure to Participate in Interactive Process Dooms ADA process will be maintained in your medical file, which is separate from your personnel file. The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. "Focus on disclosing only information that is need-to-know. ", Sencenbaugh said that when ADA issues are intertwined with performance issues, employers should always consider how its actions will look to the employee and to a jury a year from now. If there is a termination, he said, all the cards are on the table. Any extension of this agreement beyond this will be decided on a case-by-case basis and will be dependent upon additional information from your doctor and upon the needs of the department at that time.