sample interactive process letter to employee

If the employee cannot provide the necessary information, then medical documentation can be useful. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. The company was able to edit these forms to fit its needs. Employees Responsibilities: Work within the written medical limitations Provide medical updates of functional limitations If taken off work by your doctor, notify supervisor and [name], ACCES Specialist. Here at UC Berkeley, we value your growth and development throughout your career journey. McAfee & Taft A Professional Corporation. % Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. The EEOCs guidance provides that an employer should initiate the reasonable accommodation interactive process without being asked if the employer (1) knows that he employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation. In other words, employers must recognize the need for accommodation even in the absence of an employee request. (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. 184 0 obj <> endobj 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. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." + : 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. While employers may have policies instructing their employees to provide written notice of the need for an accommodation, the employer cannot ignore verbal, visual or other cues. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. "Written follow-up in both directions that confirms what the discussion has been. This includes with or without reasonable accommodation. No Past Recorded Modules for Interactive Process. 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. 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This is a request for a reasonable accommodation. 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." ta SKN After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. Dont assume that thecosts of providing the accommodationwill be too expensive. Keep your message as short as possible. 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. Virtual & Washington, DC | February 26-28, 2023. By using this site, you accept and agree to be bound by these terms. Employers must also act promptly to initiate this discussion. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. 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. 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Remember to only ask for the necessary medical information. 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. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO 2 0 obj The human resources director informed him that the company policy is to only ask for what is absolutely necessary. However, unless the disability or the need for accommodation is obvious, it is the responsibility of the employee to inform the supervisor that an accommodation is needed in order to perform the essential job functions, or to receive equal benefits and privileges of employment. These forms included medical inquiry, onboarding, trial, and other process forms. The interactive process will look different for everyone. hn U ji.3 c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. You can update your choices at any time in your settings. 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. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. After complaining to her supervisor, the supervisor talked with HR. Following . In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. HSmk0nv^- IA}(uNf:$+ifaGM0b_C The important thing for employers to remember is not to ask for too much information. ' Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." That there was followup, but that it stayed away from medical details. The sample policy, written by a law firm, notes that it is intended to aid employers in meeting their obligations under the Americans with Disabilities Act (ADA), as amended, and states that the accompanying sample forms are for "informational, educational, and/or training purposes only." The sample Options Letter may be modified by an appointing power Reviewing current vacancies within the department. Ultimately, she refused this proposal and instead sought intermittent FMLA leave that would allow her to leave at 2 p.m., and she immediately adjusted her schedule accordingly. hbbd```b``:"kd6di`f0^ X|9$x hH : Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. Using the Interactive Process to Reach a Reasonable Accommodation. ", The employees request. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. Let HR Dive's free newsletter keep you informed, straight from your inbox. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. Once an accommodation has been chosen, it is time to implement the accommodation. }); if($('.container-footer').length > 1){ 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. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. Welcome to the newest section of our site - Talent Acquisition! 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. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. However, the company offered her the option of leaving work at 4 p.m. 18-50053 (Dec. 12, 2018). The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. (800) 526-7234 (Voice) | (877) 781-9403 (TTY) | Employer Live Chat, Home| About| For Employers| For Individuals| For Others| On Demand, Feedback| Accessibility| Copyright| Disclaimer| Privacy. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. This is considered an accommodation request. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. $("span.current-site").html("SHRM China "); Dont prematurely end the process,"Schwarz said. These accommodations are specific to each individuals needs. ", 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. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is So it's important to note that your employee's request doesn't have to be in writing. Please purchase a SHRM membership before saving bookmarks. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M You can even have a trial period whenever theres doubt that an accommodation will be a good fit. The EEOCs recommended starting point is to use an interactive process once a request has been made. xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. | 2 p.m. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the employee or others. Employees can start the interactive process using any form, including verbal communication. stream But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. Accommodation options that can be explored, include, but are not limited to: Making existing facilities used by employees readily accessible to and usable by the disabled employee; Acquiring or modifying equipment or devices; Providing qualified readers or interpreters; and. x[OF0Ic{|Y"vB!8$m38t =saOE9/t4d/_u0[,_K1KY3u\p,Q";[N>p '$tB/`;I=`O@b6` {vxsA *;AXN0(/:!Npt"qD?6:u>O3G?Fu0nI hDD1qpa o=^,LT7&Q8`!m+@Y.M7o"ACP9gC0+y=8A+uvoE %}IZ"EwV@_[PZmm[8>^||'=biB@^ru.@{&a[J{h%dyplpy5g}c!@75e! 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. @ A B U V n o z { 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. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. This button displays the currently selected search type. The most important way to monitor accommodations is to encourage ongoing communication. A large company wanted to standardize all of the accommodation requests it receives. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. } You have successfully saved this page as a bookmark. Don't hide your interactive process requirement, rather publicize it. Make use of positive language and try to remain positive throughout the email. Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. 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. Read more "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. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. DOCUMENTING CURRENT ACCOMMODATIONS e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / What does antisemitic discrimination look like at work? JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). The company did not receive information in response to this request. 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. If everything is working well, she continues to check in every six months. It's not a terribly complicated idea, but many employers fall short in the execution. Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. Knowing When to Request Medical Information, What does "Undue Hardship" mean? 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. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. 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 a good idea to touch base with your employee on how things are going. In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. The ability of employers and their managerial staff to recognize requests is important. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). The interactive process can begin when the employee makes the request. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. As stated by the Third Circuit Court of Appeals in Taylor v. One good approach is to withhold the employees name and identifying information from outside resources. 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 Adobe PDF viewer is required for some of these documents. Another EEOC recommendation is to consider the employees preference. Employees can start the. This is not the case employers are free to try accommodations and stop them if they do not work. This is a request for a reasonable accommodation. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. 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. o @ The EEOCs Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides that as a general rule, the individual with a disability who has the most knowledge about the need for reasonable accommodation must inform the employer than an accommodation is needed. The request can be made verbally or in writing. The request doesnt have to include any specific terminology. If the accommodation involves an outside service, someone needs to make sure the service is provided promptly and effectively. Need help with a specific HR issue like coronavirus or FLSA? It was created to assist you while you are recovering. The assistant wanted the employee to sign a blanket medical release. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. Notice of an employees desire for an accommodation can take a variety of forms, including notice that the employee wants to remain employed (in some capacity). If it is a written letter, include a handwritten signature. "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. There should be no ambiguity in the explanation of the change. Employees last name], We have received your medical release from your doctor, [name] dated [date]. Thats because their request for a new chair isnt related to a medical condition. If there is any question concerning the nature of the limitation or appropriateness of an accommodation being considered, the supervisor should consult with the Vocational Rehabilitation Counselor in University Health Services. ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. 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. Trello. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. While employers may have policies instructing their employees to provide written notice of the need for an accommodation, the employer cannot ignore verbal, visual or other cues. the employees disability and need for accommodation are obvious. Once accommodation options have been explored, the employer must choose what accommodation to implement. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. After six months, she hadnt heard anything. Essential functionsare the basic job duties that an employee must be able to perform. h\ CJ An employee submitted an accommodation request for an ergonomic chair due to a back injury. 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. For example, if an employee has a couple of doctors appointments during the next few weeks and needs to come in a little late, let the person do it. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. That way, no one is surprised when the accommodation is revisited down the road. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. 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. process will be maintained in your medical file, which is separate from your personnel file. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 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. The following list provides some guidelines. Should an Accommodation Request Automatically Trigger FMLA? 0 Make use of words in such a way that . 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! 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. Zappos. Trautman v. Time Warner Cable Texas LLC, 5th Cir., No. 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. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." Please read our Cookie Notice. Pay careful attention to medical-related issues employees bring to your attention. Ask your employees if they have any thoughts on what might help. Asking for all medical records will rarely, if ever, meet this test. A human resources assistant was working with an electrician who needed accommodations related to seizures. %PDF-1.5 Professional Pointer: Employee use of FMLA leave, particularly when the leave taken is intermittent, can be one of the more challenging leave-related situations employers face. 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. 1. Learn more in our Cookie Policy. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. ", Sencenbaugh said that when ADA issues are intertwined with performance issues, employers should always consider how its actions will look to the employee and to a jury a year from now. If there is a termination, he said, all the cards are on the table. 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. 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. <> The interactive design is user-friendly and highly engaging. {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. What Now? 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. 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u 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 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.

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