The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. The interactive process isnt always necessary, though. This process is initiated either by: The employee's written or verbal request for assistance, or. ' ( 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 Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. The company was able to edit these forms to fit its needs. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. When a request is made, employers should first look for a quick, simple and easy solution,Fram said. After Completing FMLA, The Employer Uses The Interactive Process And Lawfully Terminated Its Employee The crossroad between the protections of the FMLA and the ADA is somewhat difficult to navigate. Employees last name], We have received your medical release from your doctor, [name] dated [date]. Read more Also, include a closing and a polite signature. 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. 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. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. 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. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. 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. Once youve identified an accommodation request, its best to take action immediately. 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. Make use of positive language and try to remain positive throughout the email. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. 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. hn U ji.3 Let HR Dive's free newsletter keep you informed, straight from your inbox. These ideas, along with any ideas from the employee and employees medical provider, must be documented. IV. Understand how these limitations impact their essential job functions. 1630.2(o)(3). 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. Topics covered: National employment laws, harassment, accommodations, training, and more. Take the employee's expressed preferences into consideration. If it is a written letter, include a handwritten signature. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. Friends, family, and health professionals can request accommodations on an employees behalf. The employer can switch the marginal functions performed by these two employees. 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. Remember to only ask for the necessary medical information. Your Employee & Labor Relations team now supports both represented and non-represented employees. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 1 0 obj HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. McAfee & Taft A Professional Corporation. For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. 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"); 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. $('.container-footer').first().hide(); hn CJ ji.3 ", Loy agreed that training for front-line supervisors is crucial: Not on the entire ADA," however:"focus on how to recognize when an employee is making an accommodation request.". So it's important to note that your employee's request doesn't have to be in writing. The Interactive Process can begin in a number of ways. 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 Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. A JAN consultant explained the interactive process, that the employee's disclosure is a request for accommodation, and shared JAN's Sample Reasonable Accommodation Request Form for Employers to provide to the employee, in order to clarify and document her accommodation needs. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". This notice does not need to disclose the employees specific condition. endstream endobj 189 0 obj <>stream There should be no ambiguity in the explanation of the change. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is 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 One good approach is to withhold the employees name and identifying information from outside resources. This includes information on the essential job functions your employee can and cant do. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. The most important way to monitor accommodations is to encourage ongoing communication. An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. 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. But the supervisor should have enough training to know when its time to go to HR. The request had been sitting on one of the desks in the purchasing department. 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. In this regard, the court observed that Time Warner had "a record of granting [the plaintiff's] numerous accommodation and FMLA leave requests back to 2013, even when it was not required to do so by law. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. 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. If it is an email, include an email signature with your contact information. "), That the supervisor said, "How can I help you? Its a good idea to touch base with your employee on how things are going. Using the Interactive Process to Reach a Reasonable Accommodation. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. An important step in the performance review process is choosing the standard for the evaluation. A Transfer Search may be another option. 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. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? ", "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. Other factors suggest that a new accommodation is needed and it is time to re-initiate the Interactive Process. If there is more than one option, the employer should consider the preference of the employee. % 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. Circuit Court of Appeals decision shows. All rights reserved. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. Fram said he sees the same problem. Communication is especially important if youve provided any assistive technology or equipment. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. Uncertainty from the start. 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If everything is working well, she continues to check in every six months. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. 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. > g  f bjbj 4 X " 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. Use JAN as needed we are free, and an outside resource. process will be maintained in your medical file, which is separate from your personnel file. 222 0 obj <>stream 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. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M The request doesnt have to include any specific terminology. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 184 0 obj <> endobj Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); ADA regulations provide that in order to determine an appropriate reasonable accommodation, it may be necessary for the employer to initiate an informal, interactive process with the individual with a disability in need of the accommodation. 29 C.F.R. Members can get help with HR questions via phone, chat or email. 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.