sample interactive process letter to employee

JAN offers the following additional information and tips for the interactive process, starting with the accommodation request: The interactive process starts with an accommodation request from an employee with a disability so it is important for employers to be able to recognize a request. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. Essential functionsare the basic job duties that an employee must be able to perform. 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. "Often the request doesn't come until, for example, theres a performance management action thats going on." However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . Find the latest news and members-only resources that can help employers navigate in an uncertain economy. 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. 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. After complaining to her supervisor, the supervisor talked with HR. (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. hVnF}LwYIn]m2Y$gnVUmP;gJ+Jh1LN[Vx0;(EfxTB-[e MJ r !w2e!CJVF4""5\IexNVr7Zr':A] ;90Zj5RlQJu9MUJrZ?fi%Pz66 ~E>yQ%^4mv2TP4& ^>r9yHk*@bM45Z]{Vx\i#sL#~wTGX*Wd9ElUozj(F$Y~(*L8rp!o_TMYe**5//Z"s5WMo*tpvjgOnaH6>Ia=YLEUp}C|X3rbartqs\A:7rg7J{|Ar#fQ}'>MS *PbX6b=*y/~'JOr!hgT.t-k]%~Ma!ED]J\Q68xE.~2TY$?G!2HSD ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. This is a request for a reasonable accommodation. The supervisor should consult with the employee to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions, and to discuss the employees preferences with regard to accommodations. > g  f bjbj 4 X " stream Understand how these limitations impact their essential job functions. 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. Employees last name], We have received your medical release from your doctor, [name] dated [date]. Its a good idea to touch base with your employee on how things are going. 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"); Never assume an employee is disabled. The Interactive Process can begin in a number of ways. This button displays the currently selected search type. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. 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. No Past Recorded Modules for Interactive Process. "If there is one, go ahead and just do it." The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." 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. ta SKN Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. Circuit Court of Appeals decision shows. It was created to assist you while you are recovering. The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. the employees disability and need for accommodation are obvious. 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 In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. 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. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. 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. 3 0 obj Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. Read more var currentUrl = window.location.href.toLowerCase(); Whenever a supervisor decides not to grant an employee's request for assistance (even when the assistance has not been identified as a request for accommodation of a disability), the best practice is to provide the employee with the campus policies/procedures pertinent to accommodation of employees with disabilities. Another EEOC recommendation is to consider the employees preference. $('.container-footer').first().hide(); NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. Please confirm that you want to proceed with deleting bookmark. The person writing the email should make sure that the change in process is communicated clearly. Use JAN as needed we are free, and an outside resource. When in doubt, ask for clarification on the request and why. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. 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. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. Therefore, any time an employee indicates that he/she is having a problem and the problem is related to a medical condition, the employer should consider whether the employee is making a request for accommodation under the ADA. Employees can start the. - A Deconstructive Series for ADA Terminology, What Does Reasonable Mean? An employer that grants schedule adjustments that aren't required under the Americans with Disabilities Act (ADA) may later stop allowing such changes when the employee declines to help the employer identify a reasonable accommodation, a recent 5th U.S. "Interactive Process Checklist" any time they talk to the employee regarding these issues. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. If it is a written letter, include a handwritten signature. hn CJ ji.3 <> ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. ET, Webinar No Remote Monthly Series Training for Interactive Process. 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. h\ CJ The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. Welcome to the newest section of our site - Talent Acquisition! 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u However, they may be a useful tool for both employers and employees. 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). Your Employee & Labor Relations team now supports both represented and non-represented employees. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. <> We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. This is the time to brainstorm and consider what might work. ", 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. 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. 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.". Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. Your session has expired. Once an accommodation has been chosen, it is time to implement the accommodation. Trautman v. Time Warner Cable Texas LLC, 5th Cir., No. that employee's ability to perform the duties of his or her position, of the various options available to the employee, and to invite the employee to engage in an interactive process to develop an appropriate plan to resolve the employee's work-related medical issues. Unnecessary delays are a violation of the ADA. 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. The accommodation [will begin or began] on [date] and end based upon future doctor visits. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. The company was able to edit these forms to fit its needs. An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Other factors suggest that a new accommodation is needed and it is time to re-initiate the Interactive Process. Determine if any repair, maintenance, or replacement is necessary to any equipment. In other cases, they may not be able to suggest ideas, but may be able to say whether ideas under consideration will help overcome the employees limitations. They are excellent. 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. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. "), That the supervisor said, "How can I help you? A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. Once the employer has notice of a disability and the need for an accommodation, the ADA requires (1) direct communication between the employer and employee to explore in good faith the possible accommodations; (2) consideration of the employees request; and (3) offering an accommodation that is reasonable and effective.. 1 0 obj 18-50053 (Dec. 12, 2018). The Interactive Process can begin in a number of ways. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. 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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. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. The process requires an individualized assessment of both the job and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation. 4 Many employers dont want to, because they dont want to hear what JAN says, but you can be sure that if youre sued the employees lawyer will be calling JAN. You cant hide your head in the sand on this. Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. Knowing When to Request Medical Information, What does "Undue Hardship" mean? This is not the case employers are free to try accommodations and stop them if they do not work. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; These forms included medical inquiry, onboarding, trial, and other process forms. 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. "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. Keep your message as short as possible. Please log in as a SHRM member. However, in other cases the individual may know that he/she is having difficulty, but may be uncertain about the exact cause or possible solution. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? A Department should consider the factors listed in Section III. This process is initiated either by: The employee's written or verbal request for assistance, or. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. For example, if an employee with a non-visible disability indicates she is having trouble completing her work tasks because of her disability, the employer does not have enough information to provide effective accommodations. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. All rights reserved. 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. Here are some recommended steps to include in your checklist. endstream endobj 188 0 obj <>stream 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. Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. 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. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. The request doesnt have to include any specific terminology. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. Thats because their request for a new chair isnt related to a medical condition. Uncertainty from the start. That the employer has provided what was requested. 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.]. endstream endobj 189 0 obj <>stream 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. Trello. stream The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. When expanded it provides a list of search options that will switch the search inputs to match the current selection. endobj [See. According to the EEOC, the interactive process is not always required under the ADA. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. 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. 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. 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. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. 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. Once accommodation options have been explored, the employer must choose what accommodation to implement. For example, if an employee who uses a wheelchair requests that his desk be placed on blocks to elevate the desktop above the arms of the wheelchair and the employer complies, an appropriate accommodation has been requested, identified, and provided without the need for a formal process. 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { $("span.current-site").html("SHRM MENA "); (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. endobj +R^_C%342hE0qmQSK[ x % Work with your employee to understand their specific challenges or limitations. He does not link his need for the new chair with a medical condition. The EEOC recommends that you analyze the job, its purpose, and its essential functions. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. If the employee requests a type of assistance the supervisor may simply provide it (without any reference to whether the request is disability-related), or the supervisor may ask if the assistance is being requested as an accommodation to a disability (and if the response is affirmative, proceed under campus procedures for accommodating employees with disabilities). 2 0 obj 4 0 obj endobj The interactive process often begins when the employee makes an accommodation request. 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.

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