sample interactive process letter to employee

Topics covered: Employee learning, training, onboarding, mentoring, career development and more. 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. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { According to the EEOC, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation" when requesting an accommodation. 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. Keep your message as short as possible. Friends, family, and health professionals can request accommodations on an employees behalf. 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? endobj z0#D0v[{qL*Aoco; tY-bGG[!8^N^1swy QZU^BL@z6xWbt aQ"(4^+(4`V@91&jE,_C5lRqk_h:f.tlZr.9gO(t"w#\O #*^]]7j]" :It)Rf!n', Employees last name], We have received your medical release from your doctor, [name] dated [date]. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. Once youve identified an accommodation request, its best to take action immediately. Other factors suggest that a new accommodation is needed and it is time to re-initiate the Interactive Process. After complaining to her supervisor, the supervisor talked with HR. Learn more in our Cookie Policy. The person writing the email should make sure that the change in process is communicated clearly. Fh^F`h The interactive process can begin when the employee makes the request. A human resources assistant was working with an electrician who needed accommodations related to seizures. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. endstream endobj 188 0 obj <>stream hn UVmH nH u hn jD hn U No Past Exhibit Booths for Interactive Process. xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. 2023 After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. IV. Also, include a closing and a polite signature. Please note that all such forms and policies should be reviewed by your legal . The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. Should an Accommodation Request Automatically Trigger FMLA? | 2 p.m. Following . The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. } Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. % The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. If it is an email, include an email signature with your contact information. Please purchase a SHRM membership before saving bookmarks. Consistent with departmental and campus practices, the supervisor may agree to an accommodation for essential functions, and to accommodation for, or elimination of, non-essential functions. Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. How to Create a Robust Reasonable Accommodation Process - SHRM {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. (Supervisors should stay out of medical details as much as possible, Fram said.). The employer can switch the marginal functions performed by these two employees. ' Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. To help determine effective accommodations, the Equal Employment Opportunity Commission (EEOC), recommends that employers use an "interactive process," which simply means that employers and employees with disabilities who request accommodations work together to come up with accommodations. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. Welcome to the newest section of our site - Talent Acquisition! As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. This includes information on the essential job functions your employee can and cant do. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. How to engage in the 'Interactive Process' with an employee hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. 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. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Then select the most appropriate accommodation for you and your employee. 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. 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. 0 Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. 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. The law does not require the use of these or any other forms to make a request for a reasonable accommodation or to engage in an effective, good faith interactive process. As stated by the Third Circuit Court of Appeals in Taylor v. 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. Streamlining the Interactive Process When Accommodating Job Applicants, Tell 'Em About It: Educating the Workforce about the ADA & Accommodations, To Ask, or Not to Ask? ET, Webinar In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. Keep it brief. &. PDF The FEHA/ADA Interactive Process - Freeman Rehabilitation Services > g  f bjbj 4 X " SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. In response, again citing anxiety and panic attacks resulting from heavy traffic, the plaintiff submitted an accommodation request for a modified in-office schedule, from 7 a.m. to 2 p.m., working from home in the afternoons. @ A B U V n o z { Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. "Interactive Process Checklist" any time they talk to the employee regarding these issues. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. 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 . 4 0 obj Before meeting with the employee, review the employee's current job description and any available 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." 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. PDF ADA Interactive Process for Reasonable Accommodation Checklist The interactive process can begin when the employee makes the request. Essential functionsare the basic job duties that an employee must be able to perform. If it is a written letter, include a handwritten signature. The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. 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. 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. Please read our Cookie Notice. Here at UC Berkeley, we value your growth and development throughout your career journey. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. %PDF-1.5 % Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. <> Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. 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. 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 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. ", "Has that triggered the need for an interactive process? All rights reserved. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. 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. 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. endobj If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. 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. 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. 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. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) Asking for all medical records will rarely, if ever, meet this test. 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. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. Together you can discuss the potential impact of the accommodations. A Department should consider the factors listed in Section III. stream Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. This is considered an accommodation request. This is a request for reasonable accommodation. 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. In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. ; 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. Additionally, don't use negative words as they have a bad impact. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. hn U ji.3 The EEOCs recommended starting point is to use an interactive process once a request has been made. 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. 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. Many employers dont want to, because they dont want to hear what JAN says, but you can be sure that if youre sued the employees lawyer will be calling JAN. You cant hide your head in the sand on this. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. 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. 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 [See. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. The supervisor may request that the employee provide written documentation from a licensed medical practitioner, specifying the employees functional limitations as they pertain to the job, without providing diagnostic information. The interactive process will look different for everyone. 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. This agreement should be documented. Reasonable Accommodation | CRD - California n\3C[% 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. "Its hard to convince a jury or agency that an essential function truly is an essential function if its not in the job description, or if other employees in the role weren't performing it. 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. 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.]. The important thing for employers to remember is not to ask for too much information. This is not the case employers are free to try accommodations and stop them if they do not work. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is ", Often, supervisors don't recognize an accommodation request or ignore the request, according to Beth Loy, principal consultant with the Job Accommodation Network (JAN), a program funded by a contract with U.S. Department of Labor's Office of Disability Employment Policy. A Transfer Search, if appropriate, is a continuation of the Interactive Process. "You rarely see an . "Written follow-up in both directions that confirms what the discussion has been. These forms included medical inquiry, onboarding, trial, and other process forms. 4 0 obj ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. The ability of employers and their managerial staff to recognize requests is important. Responding to Employee Accommodation Requests under the ADA: Navigating This is a request for a reasonable accommodation. "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. When a request is made, employers should first look for a quick, simple and easy solution,Fram said. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Subscribe to the HR Dive free daily newsletter, Subscribe to HR Dive for top news, trends & analysis, The free newsletter covering the top industry headlines, Tango Introduces New Batch Blur Functionality, SocialTalent Launches The SocialTalent Academy: A Professional Certification Program for Recru, Talkspace Launches First-of-its-Kind Portal Dedicated to Employee Mental Health Resources, Talent Attraction and Retention for 2023: Finance and HR leaders should look to on-demand pay,, By signing up to receive our newsletter, you agree to our, Webinar This step is very important to the success of an accommodation. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? 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! The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. The following persons will be present at this meeting: [names of meeting participants]. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. l&#$/ h o u x But the supervisor should have enough training to know when its time to go to HR. Pay careful attention to medical-related issues employees bring to your attention. Fram said he sees the same problem. The company was able to edit these forms to fit its needs. Work with your employee to understand their specific challenges or limitations. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. 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. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. This includes with or without reasonable accommodation. You can update your choices at any time in your settings. The employee does not have to formally notify the supervisor or department in writing. + : 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. Court decisions interpreting the ADA provide some general principles. ", 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.". 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. 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. If there is more than one option, the employer should consider the preference of the employee. % Your session has expired. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. You have successfully saved this page as a bookmark. III. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. $("span.current-site").html("SHRM China "); That the supervisor didn't ask anything medical. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. endobj ("I need an anti-glare screen."). To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. And if still more ideas are needed, then the employer should consult with outside resources such as JAN, vocational rehabilitation, rehabilitation engineers, and disability-related organizations. Here are some recommended steps to include in your checklist. Your Employee & Labor Relations team now supports both represented and non-represented employees. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. PDF Sample Options Letter for Resolving Medical/Employment Issues - California 18-50053 (Dec. 12, 2018). After six months, she hadnt heard anything. Company Email Notifying of a Process Change | Edit & Forward That way, no one is surprised when the accommodation is revisited down the road. 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. 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. The EEOC recommends that you analyze the job, its purpose, and its essential functions. 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.

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