sample interactive process letter to employee

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. JANis a free national resource for employers looking for help with accommodations. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. This button displays the currently selected search type. n\3C[% 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. 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. Employers must also act promptly to initiate this discussion. + : 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. 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 employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> %PDF-1.5 % "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 deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. " 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. "Often the request doesn't come until, for example, theres a performance management action thats going on." He does not link his need for the new chair with a medical condition. 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. 200 0 obj <>/Filter/FlateDecode/ID[<5D6158DB4243BF4189442C3921752F86>]/Index[184 39]/Info 183 0 R/Length 86/Prev 194116/Root 185 0 R/Size 223/Type/XRef/W[1 3 1]>>stream This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. Additionally, don't use negative words as they have a bad impact. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. 1 0 obj % In some cases, an accommodation stops being effective for various reasons such as: the employees limitations change, workplace equipment changes, the job changes, the workplace itself changes, or the accommodation becomes an undue hardship for the employer. 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. Before meeting with the employee, review the employee's current job description and any available The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Need help with a specific HR issue like coronavirus or FLSA? Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. %PDF-1.5 Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. The company did not receive information in response to this request. However, they may be a useful tool for both employers and employees. IV. %PDF-1.5 A Transfer Search is a process that may be available to employees who cannot perform the essential functions of their own position for an extended period of time, but are able to work in other jobs. Essential functionsare the basic job duties that an employee must be able to perform. %%EOF Adobe PDF viewer is required for some of these documents. As part of this assessment process, the ADA requires that an employer engage in a timely, good-faith and meaningful interactive discussion with the employee. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. Keep it brief. A federal agency recently updated its accommodation policy. Please log in as a SHRM member. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. The request had been sitting on one of the desks in the purchasing department. stream Circumstances or the effectiveness of accommodations can change over time. endobj HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % 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. The law requires that employees and employers engage in the Interactive Process. But failure to engage in the interactive process may prevent an employee from receiving a reasonable accommodation, and may therefore result in liability under the ADA. Please purchase a SHRM membership before saving bookmarks. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. 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 What was the motivation, and did the employer meet its duty?, "The interactive process should be ended only after people have taken a hard look and decided theres really nothing else to say about the matter. "Focus on disclosing only information that is need-to-know. } The interactive process isnt always necessary, though. Employers must initiate an interactive process when an applicant or employee requests reasonable 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. Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. As part of this process, the EEOC recommends that employers: (1) Analyze the particular job involved and determine its purpose and essential functions; (2) Consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation; (3) In consultation with the individual to be accommodated, identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and. Members may download one copy of our sample forms and templates for your personal use within your organization. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. var temp_style = document.createElement('style'); 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. When the need isn't obvious, more information will be helpful when discussing accommodations. Should an Accommodation Request Automatically Trigger FMLA? This includes with or without reasonable accommodation. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. Thats because their request for a new chair isnt related to a medical condition. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. No Remote Monthly Series Training for Interactive Process. Accommodations Beyond Job Performance = Compliance and Inclusion, Changing a Supervisor as an Accommodation under the ADA, Cognitive Impairment and the Interactive Process, Good Deeds Not Punished: Dispelling the Idea of Precedent Setting and the ADA, Out with the Old, In with the NewSupervisor, Providing Temporary Accommodation Solutions, Recognizing an Accommodation Request Under the ADA. This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". 4 0 obj This is a request for a reasonable accommodation. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. 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. If it is an email, include an email signature with your contact information. $('.container-footer').first().hide(); 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. The law requires that employees and employers engage in the Interactive Process. Once youve identified an accommodation request, its best to take action immediately. If the employee refuses to make a good faith effort to perform the essential functions of his/her job using a reasonable accommodation offered by the supervisor, the employee and supervisor should re-initiate the Interactive Process, working with the department and the Vocational Rehabilitation group, and Employee Relations to identify alternatives. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. 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. Necessary information may include documentation of the disability and need for accommodation. 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. 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. Select Accept to consent or Reject to decline non-essential cookies for this use. 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. 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 " 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. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. endobj ' Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. 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. Asking for all medical records will rarely, if ever, meet this test. endobj A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. It is understood that these are temporary arrangements designed to allow UCSD employees to work while recovering from illness or injury, and do not represent a permanent change of duties or responsibilities. hbbd```b``:"kd6di`f0^ X|9$x hH : In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. The standard of proof required here is low: when an employee continues to come to work, and continues to perform at least some of his or her essential duties, employers are encouraged to proceed with the interactive process. Evaluate whether the employee can perform the job safely. 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. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. 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. <> However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. <>>> Keep your message as short as possible. Please note that all such forms and policies should be reviewed by your legal . 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). That the supervisor didn't ask anything medical. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. endstream endobj 189 0 obj <>stream 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. 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. 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. The important thing for employers to remember is not to ask for too much information. 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. The EEOC recommends that you analyze the job, its purpose, and its essential functions. The employee does not have to formally notify the supervisor or department in writing. Other factors suggest that a new accommodation is needed and it is time to re-initiate the Interactive Process. 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. 1630.2(o)(3). 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. In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. 2 0 obj Don't hide your interactive process requirement, rather publicize it. 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. Welcome to the newest section of our site - Talent Acquisition! If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. Your Employee & Labor Relations team now supports both represented and non-represented employees. 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. The interactive design is user-friendly and highly engaging. If the employee cannot provide the necessary information, then medical documentation can be useful. The request can also come from someone other than the employee. SHRM Employment Law & Compliance Conference, ADAs Interactive Process Is a Two-Way Street, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, EEOC Lawsuit Highlights Cancer Discrimination in the Workplace. xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. Also, include a closing and a polite signature. These ideas, along with any ideas from the employee and employees medical provider, must be documented. Communication is especially important if youve provided any assistive technology or equipment. Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. 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.]. [See. Pay careful attention to medical-related issues employees bring to your attention. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . The Office of Diversity, Equity, Inclusion, and Belonging (DEIB) fosters community and engagement for staff, develops programs and experiences for employees to increase their racial literacy and cultural fluency, and is committed to creating a community where all employees can be their authentic selves at work everyday. If everything is working well, she continues to check in every six months. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. This is a request for a reasonable accommodation. 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. 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.

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