sample interactive process letter to employee

"Written follow-up in both directions that confirms what the discussion has been. One way an employer can ensure effective communication with an employee who has requested an accommodation is to promptly schedule a meeting to discuss the employee's request. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. For example, it is sufficient if the employer receives notice of treatment needed by an employee. However, they may be a useful tool for both employers and employees. 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. Never assume an employee is disabled. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. No Past Recorded Modules for Interactive Process. e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. endstream endobj startxref 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. 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. stream 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. Trello. 2 0 obj After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) Ask your employees if they have any thoughts on what might help. So it's important to note that your employee's request doesn't have to be in writing. ", "Clarity is important," he said, "and getting things in writing adds to clarity. 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. "Interactive Process Checklist" any time they talk to the employee regarding these issues. 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. Schwarz offered the example of an employee who is chronically late for work and starts receiving write-ups and warnings. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> Another EEOC recommendation is to consider the employees preference. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. % The following persons will be present at this meeting: [names of meeting participants]. This process is initiated either by: The employee's written or verbal request for assistance, or. A Department should consider the factors listed in Section III. Whether sending an email or letter, add a professional greeting that includes the person's name. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. Shortly thereafter, the plaintiff asked her supervisor for a temporary modification to her work schedule that would allow her to leave the office early to avoid panic attacks brought on by stress associated with heavy traffic. 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. Members may download one copy of our sample forms and templates for your personal use within your organization. A federal agency recently updated its accommodation policy. After complaining to her supervisor, the supervisor talked with HR. 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. The request doesnt have to include any specific terminology. 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. He does not link his need for the new chair with a medical condition. 1. hn CJ ji.3 DOC JAN - Job Accommodation Network Understanding The ADA's Interactive Process - Insperity Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. 0 else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { This includes information on the essential job functions your employee can and cant do. 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. 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. ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. 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. + : 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. 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. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. Company Email Notifying of a Process Change | Edit & Forward The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). $("span.current-site").html("SHRM MENA "); When an employee becomes unable to perform the essential, assigned duties of the currently-held position as a result of a covered disability, the Berkeley campus is committed to providing services to assist the employee. Zappos. 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. A request for assistance or indication by the employee that some corrective measure may need to be taken can be made verbally and casually, as well as formally. 18-50053 (Dec. 12, 2018). If it is an email, include an email signature with your contact information. 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. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. Understand how these limitations impact their essential job functions. |^| 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. 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. Responding to Employee Accommodation Requests under the ADA: Navigating The Interactive Process can begin in a number of ways. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. Learn more in our Cookie Policy. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. Dont assume that thecosts of providing the accommodationwill be too expensive. Remember to only ask for the necessary medical information. Pay careful attention to medical-related issues employees bring to your attention. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. Federal Appeals Court Emphasizes Importance of Interactive Process in 3 0 obj ADA Reasonable Accommodation Interactive Process Letter This is considered an accommodation request. Additionally, don't use negative words as they have a bad impact. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 1998) (when the employee "fail[s] to hold up her end of the interactive process by clarifying the extent of her medical restrictions, [the employer] cannot be held liable for failing to provide reasonable accommodations"); <> Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. That the employer has provided what was requested. Once accommodation options have been explored, the employer must choose what accommodation to implement. But the supervisor should have enough training to know when its time to go to HR. However, the company offered her the option of leaving work at 4 p.m. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. 184 0 obj <> endobj 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. A Deconstructive Series for ADA Terminology, What to Include in Your ADA/Accommodation Toolkit, California Reasonable Accommodation Package, EEOC's Reasonable Accommodation, Establishing Procedures to Facilitate the Provision of, JAN Just-in-Time Module: Interactive Process, U.S. Once an accommodation has been chosen, it is time to implement the accommodation. 7 ways to screw up the ADA's interactive process | HR Dive Reasonable Accommodation and the Interactive Process II. 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. Notice may also come in the form of objective proof, such as sudden or increasing inability to perform job functions or other physical manifestations of symptoms that are readily observable to others in the workplace. The law requires that employees and employers engage in the Interactive Process. Once the employer has identified the employees limitation that is causing a problem and has identified what that problem is, then the employer is ready to explore accommodation options. In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. Take the employee's expressed preferences into consideration. That there was followup, but that it stayed away from medical details. endobj This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. This documentation may also include the medical practitioners suggestions about potential accommodations. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. var temp_style = document.createElement('style'); Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. 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. 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. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is h\ CJ when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. 3 0 obj Members can get help with HR questions via phone, chat or email. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. No Past Exhibit Booths for Interactive Process. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. [SHRM members-only toolkit:Accommodating Employees' Disabilities], In holding that the ADA discrimination and FMLA retaliation claims could not proceed to trial, the court noted the company's legitimate basis for its termination decisionnamely, excessive absenteeism and the well-established principle that "an employee's failure to show up for work is a legitimate reason for firing her." (For example, "I'm getting headaches from the glare from my computer screen. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." The court concluded that her response to the company's proposal to leave at 4 p.m. was "not the stuff of flexible [and] interactive discussions.". 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? c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % These accommodations are specific to each individuals needs. When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? Don't hide your interactive process requirement, rather publicize it. Employee Letter and Email Examples - The Balance Careers endstream endobj 189 0 obj <>stream The employee does not have to formally notify the supervisor or department in writing. % Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." 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. Communication is especially important if youve provided any assistive technology or equipment. If the accommodation involves an outside service, someone needs to make sure the service is provided promptly and effectively. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. endobj Thats because their request for a new chair isnt related to a medical condition. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. These ideas, along with any ideas from the employee and employees medical provider, must be documented. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. Employee Handbook Examples You Should Steal From - Workest 2 0 obj When in doubt, ask for clarification on the request and why. "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. Decision-making authority: Department head or designee. This is the time to brainstorm and consider what might work. 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. endobj HSmk0nv^- IA}(uNf:$+ifaGM0b_C Once youve identified an accommodation request, its best to take action immediately. $('.container-footer').first().hide(); 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. One good approach is to withhold the employees name and identifying information from outside resources. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. 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. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. } Find the latest news and members-only resources that can help employers navigate in an uncertain economy. The original accommodation was a "transitional accommodation," that is it was intended for a specifically defined purpose and time period has elapsed; The employee indicates that a new accommodation may be necessary; or. 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. Be open to doing things a different way. - A Deconstructive Series for ADA Terminology, What Does Reasonable Mean? 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." Its a good idea to touch base with your employee on how things are going. Using the Interactive Process to Reach a Reasonable Accommodation. Select Accept to consent or Reject to decline non-essential cookies for this use. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. "If an employee mentions some type of limitation or problem, the supervisor should err on the side of caution and move to talk to the employee.". If there is no solution, the best thing is your documentation showing that you did explore accommodation options. Following . Trautman v. Time Warner Cable Texas LLC, 5th Cir., No. Use JAN as needed we are free, and an outside resource. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. 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

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