But this all counts as the interactive process. Consistent with departmental and campus practices, the supervisor may agree to an accommodation for essential functions, and to accommodation for, or elimination of, non-essential functions. 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. When expanded it provides a list of search options that will switch the search inputs to match the current selection. The court concluded that her response to the company's proposal to leave at 4 p.m. was "not the stuff of flexible [and] interactive discussions.". If more accommodation ideas are needed, the employer can ask the employees medical provider for ideas in some cases medical professionals are able to suggest effective accommodations. This step is very important to the success of an accommodation. This documentation may also include the medical practitioners suggestions about potential accommodations. A good idea is to include a discussion of the interactive process as part of your ADA policy. 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. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. Unnecessary delays are a violation of the ADA. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % 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. So its important to note that your employees request doesnt have to be in writing. PDF Reasonable Accommodation - National Association of Letter Carriers AFL-CIO Here are some recommended steps to include in your checklist. %PDF-1.5 % 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. Employees can start the. This is a request for a reasonable accommodation. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. This is a request for a reasonable accommodation. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. The checklist and any notes should be maintained in a separate confidential medical file for that employee. ", "Clarity is important," he said, "and getting things in writing adds to clarity. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. The interactive process can begin when the employee makes the request. Pay careful attention to medical-related issues employees bring to your attention. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. the employees disability and need for accommodation are obvious. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. ` A request for assistance or indication by the employee that some corrective measure may need to be taken can be made verbally and casually, as well as formally. | 1 p.m. The EEOCs recommended starting point is to use an interactive process once a request has been made. The request had been sitting on one of the desks in the purchasing department. 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. Here at UC Berkeley, we value your growth and development throughout your career journey. Necessary information may include documentation of the disability and need for accommodation. Jonathan E. O'Connell, SHRM-SCP, is a labor and employment attorney practicing with the federal government in Washington, D.C. [Visit SHRM's resource page on theAmericans with Disabilities Act.]. 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. +R^_C%342hE0qmQSK[ x 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 " %PDF-1.5 This agreement should be documented. 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. endobj Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). Virtual & Washington, DC | February 26-28, 2023. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 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). The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. (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. PDF The FEHA/ADA Interactive Process - Freeman Rehabilitation Services 7 ways to screw up the ADA's interactive process | HR Dive The law has helped hundreds of millions of workers in its relatively short history. Welcome to the newest section of our site - Talent Acquisition! 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. You can update your choices at any time in your settings. 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 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. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. Another EEOC recommendation is to consider the employees preference. 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. | 2 p.m. That way, no one is surprised when the accommodation is revisited down the road. [SHRM members-only toolkit:Accommodating Employees' Disabilities], In holding that the ADA discrimination and FMLA retaliation claims could not proceed to trial, the court noted the company's legitimate basis for its termination decisionnamely, excessive absenteeism and the well-established principle that "an employee's failure to show up for work is a legitimate reason for firing her." Then select the most appropriate accommodation for you and your employee. The interactive process isnt always necessary, though. 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. 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 . "Often the request doesn't come until, for example, theres a performance management action thats going on." PDF CAN WE TALK?: The ADA Interactive Dialogue - Disability, Leave & Health