sample interactive process letter to employee

Accommodation options will be considered in discussions with the employee. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. No Past Recorded Modules for Interactive Process. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. var currentUrl = window.location.href.toLowerCase(); 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 tech company uses their own platform to house their employee handbook, which they call an "employee manual.". A Department should consider the factors listed in Section III. The law requires that employees and employers engage in the Interactive Process. Please log in as a SHRM member before saving bookmarks. 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. 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. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. ("I need an anti-glare screen."). (For example, "I'm getting headaches from the glare from my computer screen. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. IV. He does not link his need for the new chair with a medical condition. 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). Another EEOC recommendation is to consider the employees preference. In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. Court decisions interpreting the ADA provide some general principles. Knowing When to Request Medical Information, What does "Undue Hardship" mean? This documentation may also include the medical practitioners suggestions about potential accommodations. 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. Ask your employees if they have any thoughts on what might help. For employers, the hard part often is knowing when to kick off the process according to Adam Sencenbaugh, a partner at Haynes and Boone, LLP. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." 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. 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. By using this site, you accept and agree to be bound by these terms. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. The employer can switch the marginal functions performed by these two employees. ta SKN 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. Never assume an employee is disabled. 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. Keep your message as short as possible. After an employee requests accommodations, the employer must take the appropriate steps. 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. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." JANis a free national resource for employers looking for help with accommodations. Using the Interactive Process to Reach a Reasonable Accommodation. Members may download one copy of our sample forms and templates for your personal use within your organization. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. Keep it brief. If it is decided that a proposed accommodation is unreasonable or presents an undue hardship, the Department should re-initiate the Interactive Process with the employee to try and arrive at a mutually agreeable alternative to the originally proposed accommodation. %PDF-1.5 Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. But this all counts as the interactive process. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . Step 3: Get Job Descriptions in Order The purpose of an accommodation is to enable the employee to perform the essential functions of the job. o @ You can update your choices at any time in your settings. Let HR Dive's free newsletter keep you informed, straight from your inbox. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. endobj "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. | 2 p.m. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. 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. 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Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. $('.container-footer').first().hide(); HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. The following persons will be present at this meeting: [names of meeting participants]. Understand how these limitations impact their essential job functions. According to the EEOC, the interactive process is not always required under the ADA. A human resources assistant was working with an electrician who needed accommodations related to seizures. Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. 1 0 obj Once youve identified an accommodation request, its best to take action immediately. 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. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. The interactive process will look different for everyone. As stated by the Third Circuit Court of Appeals in Taylor v. > g  f bjbj 4 X " %PDF-1.5 Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. <> 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. The interactive process isnt always necessary, though. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. The following list provides some guidelines. 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. That there was followup, but that it stayed away from medical details. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. This button displays the currently selected search type. "If there is one, go ahead and just do it." Please note that all such forms and policies should be reviewed by your legal . endstream endobj 189 0 obj <>stream 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. *&edtb?iB!+"M@"8hzMC|;q That the employer has provided what was requested. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. Thats because their request for a new chair isnt related to a medical condition. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible. The Americans with Disabilities Act (ADA) not only prohibits discrimination based on disability, but it also requires that employers provide workers with disabilities reasonable accommodations. %%EOF Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. 1 0 obj If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. 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. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); ' ( 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 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. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. 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. "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. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. Read more This is a request for reasonable accommodation.

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