sample interactive process letter to employee

Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. The following list provides some guidelines. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. Necessary information may include documentation of the disability and need for accommodation. 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 "If it wont work, you can show you did all you could have done. ta SKN Read more An important step in the performance review process is choosing the standard for the evaluation. 184 0 obj <> endobj ", "Clarity is important," he said, "and getting things in writing adds to clarity. Don't hide your interactive process requirement, rather publicize it. PDF Request for Accommodation Interactive Process Checklist Form to Be "You rarely see an employee who knows about the ADA and asks for a reasonable accommodation," he told HR Dive;"You need to start the process even if they havent used any magic words. 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. Members can get help with HR questions via phone, chat or email. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. 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 Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. There may be times when the appropriate accommodation is obvious. If you know an employee with a disability has a need, you can begin the interactive process in good faith. Let's say you have an employee that uses a wheelchair. Members may download one copy of our sample forms and templates for your personal use within your organization. Virtual & Washington, DC | February 26-28, 2023. <> 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. The interactive process isnt always necessary, though. endstream endobj 189 0 obj <>stream " 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. The important thing for employers to remember is not to ask for too much information. hn UVmH nH u hn jD hn U This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. Learn more in our Cookie Policy. 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. DOCUMENTING CURRENT ACCOMMODATIONS Also, include a closing and a polite signature. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. Federal Appeals Court Emphasizes Importance of Interactive Process in We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. 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. of Fair Employment & Housing (DFEH) expects employers to make up to three attempts, if needed, to contact the employee regarding participation in the interactive meeting. Once accommodation options have been explored, the employer must choose what accommodation to implement. HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. Adobe PDF viewer is required for some of these documents. Trautman v. Time Warner Cable Texas LLC, 5th Cir., No. Please purchase a SHRM membership before saving bookmarks. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. ADA Best Practices For Employers Engaging in an Interactive Process A Department should consider the factors listed in Section III. 2023 An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. 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. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . <> (Supervisors should stay out of medical details as much as possible, Fram said.). Empower your employee to express concerns with their accommodations at any time. Following . Then select the most appropriate accommodation for you and your employee. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. 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 " Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. 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. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. IV. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? 0 You can even have a trial period whenever theres doubt that an accommodation will be a good fit. As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. <> 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. 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. Copyright If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. This notice does not need to disclose the employees specific condition. This is a request for reasonable accommodation. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. 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. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. 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. Please log in as a SHRM member before saving bookmarks. The interactive design is user-friendly and highly engaging. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Determine if any repair, maintenance, or replacement is necessary to any equipment. n\3C[% o @ Unnecessary delays are a violation of the ADA. |^| If the accommodation involves an outside service, someone needs to make sure the service is provided promptly and effectively. What does antisemitic discrimination look like at work? ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. 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 Step 3: Get Job Descriptions in Order 2 0 obj ", "Has that triggered the need for an interactive process? 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. Reasonable Accommodation and the Interactive Process Let HR Dive's free newsletter keep you informed, straight from your inbox. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. You can update your choices at any time in your settings. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. They are excellent. The EEOC recommends that you analyze the job, its purpose, and its essential functions. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u var currentUrl = window.location.href.toLowerCase(); endobj If everything is working well, she continues to check in every six months. He does not link his need for the new chair with a medical condition. This is considered an accommodation request. %PDF-1.5 % endobj endobj The Interactive Process can begin in a number of ways. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. Pay careful attention to medical-related issues employees bring to your attention. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." 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 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. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. If it is an email, include an email signature with your contact information. Be open to doing things a different way. endstream endobj startxref Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. Reasonable Accommodation | CRD - California If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. If an accommodation is not considered reasonable, refer to Sections IV and V below. A large company wanted to standardize all of the accommodation requests it receives. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. ' ( 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 2 0 obj To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. 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. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. Use JAN as needed we are free, and an outside resource. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. There areperksto creating a company culture that welcomes employees with disabilities. The person writing the email should make sure that the change in process is communicated clearly. So its important to note that your employees request doesnt have to be in writing. var temp_style = document.createElement('style'); Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. 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. Notify supervisor if unable to report to work for any reason Supervisors Responsibilities: Ensure that employee is not directed to perform tasks that exceed restrictions recommended by treating physician. 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. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. The ability of employers and their managerial staff to recognize requests is important. But the supervisor should have enough training to know when its time to go to HR. 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. ("I need an anti-glare screen."). 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. DOC Reasonable Accommodation Agreement - sample letter Before sharing any final decision with the employee, the Department should consult with the Disability Case Management Counselor, Employee Relations and the Departmental Human Resources Manager. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. Communication is especially important if youve provided any assistive technology or equipment. Never assume an employee is disabled. A Transfer Search may be another option. 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. 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. "Focus on disclosing only information that is need-to-know. Douglas Schwarz, a partner with Morgan, Lewis & Bockius LLP, said that recognizing when someone has requested an accommodation is not always an easy thing to do, especially because there's no bright-line event or statement that triggers the employers obligation to participate in the interactive process.