sample interactive process letter to employee

Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. 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. |^| Keep up with the story. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. Reviewing current vacancies within the department. Keep it brief. 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. h\ CJ The purpose of an accommodation is to enable the employee to perform the essential functions of the job. 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. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 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. Dont assume that thecosts of providing the accommodationwill be too expensive. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. Necessary information may include documentation of the disability and need for accommodation. The interactive process will look different for everyone. ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. 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. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. ta SKN Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. No Upcoming Events for Interactive Process. 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 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 " IV. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. Understand how these limitations impact their essential job functions. So when, exactly, does an employer have adequate or sufficient notice to initiate the interactive discussion without receiving a request for accommodation from the employee? The employee does not have to formally notify the supervisor or department in writing. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. Before meeting with the employee, review the employee's current job description and any available The most important way to monitor accommodations is to encourage ongoing communication. Thats because their request for a new chair isnt related to a medical condition. Any extension of this agreement beyond this will be decided on a case-by-case basis and will be dependent upon additional information from your doctor and upon the needs of the department at that time. Friends, family, and health professionals can request accommodations on an employees behalf. hbbd```b``:"kd6di`f0^ X|9$x hH : The Interactive Process can begin in a number of ways. +R^_C%342hE0qmQSK[ x 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. Uncertainty from the start. ", "Clarity is important," he said, "and getting things in writing adds to clarity. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. 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. 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. 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. Your Employee & Labor Relations team now supports both represented and non-represented employees. 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 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. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? %PDF-1.5 The important thing for employers to remember is not to ask for too much information. endobj Court decisions interpreting the ADA provide some general principles. 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. 184 0 obj <> endobj That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." It may also come as a result of administering FMLA leave or a workers compensation claim. | 1 p.m. That the employer has provided what was requested. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . $('.container-footer').first().hide(); 1 0 obj Reasonable accommodation can include, but is not limited to, the following: Employees with disabilities may have separate rights to unpaid leave under the Federal Family and Medical Leave Act or the California Family Rights Act. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. Please note that all such forms and policies should be reviewed by your legal . If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. When expanded it provides a list of search options that will switch the search inputs to match the current selection. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. 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. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO Equal Employment Opportunity Commission, For more training and information on the interactive process, see JAN's Just-In-Time Training Module ", For information on the interactive process in relation to service providers, see, No Blog Posts available for 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. 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. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. 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. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. After complaining to her supervisor, the supervisor talked with HR. Welcome to the newest section of our site - Talent Acquisition! + : 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. Once youve identified an accommodation request, its best to take action immediately. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. 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. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. l&#$/ h o u x (Supervisors should stay out of medical details as much as possible, Fram said.). HSmk0nv^- IA}(uNf:$+ifaGM0b_C And if still more ideas are needed, then the employer should consult with outside resources such as JAN, vocational rehabilitation, rehabilitation engineers, and disability-related organizations. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. Ask your employees if they have any thoughts on what might help. Employees can start the interactive process using any form, including verbal communication. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. At this step, employers should be open to new ideas and new ways of doing things. This process is initiated either by: The employee's written or verbal request for assistance, or. ", "Has that triggered the need for an interactive process? xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. These forms included medical inquiry, onboarding, trial, and other process forms. 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! c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. According to the EEOC, the interactive process is not always required under the ADA. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. % For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. The request had been sitting on one of the desks in the purchasing department. 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. 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. 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. Your release form states you may return to work with the following medical work restrictions: XXXXXXXXXXXXX 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, they may be a useful tool for both employers and employees. Be open to doing things a different way. 4 0 obj Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. 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. ", 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. $(document).ready(function () { else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { <> 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). All rights reserved. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Navigating the New EU Unitary Patent, EEOC targeting discriminatory use of artificial intelligence, Court upholds firing of marijuana cardholders discharged after positive weed test, Deadline nears for complying with PUMP Acts expanded protections for nursing mothers in the workplace. (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. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. If the employee cannot provide the necessary information, then medical documentation can be useful. Pay careful attention to medical-related issues employees bring to your attention. 1630.2(o)(3). z0#D0v[{qL*Aoco; tY-bGG[!8^N^1swy QZU^BL@z6xWbt aQ"(4^+(4`V@91&jE,_C5lRqk_h:f.tlZr.9gO(t"w#\O #*^]]7j]" :It)Rf!n', 3 0 obj Essential functionsare the basic job duties that an employee must be able to perform. This step is very important to the success of an accommodation. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. Learn more in our Cookie Policy. 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. 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.