sample interactive process letter to employee

Before meeting with the employee, review the employee's current job description and any available Please log in as a SHRM member before saving bookmarks. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. However, the company offered her the option of leaving work at 4 p.m. 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. 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. hn U ji.3 Please note that all such forms and policies should be reviewed by your legal . Find the latest news and members-only resources that can help employers navigate in an uncertain economy. McAfee & Taft A Professional Corporation. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. Accommodation options will be considered in discussions with the employee. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. What Now? Employees last name], We have received your medical release from your doctor, [name] dated [date]. Think of theinteractive processas collaborating with your employees to develop accommodations. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO 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 is a request for reasonable accommodation. endobj 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. Step 1 - Create a policy. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. Empower your employee to express concerns with their accommodations at any time. The Interactive Process can begin in a number of ways. $('.container-footer').first().hide(); 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. "If there is one, go ahead and just do it." ", In concluding that the plaintiff's ADA failure-to-accommodate claim also could not proceed, the court pointed to her failure to engage in the interactive process required by the ADA, including her refusal to try leaving the office at 4 p.m., as proposed by the company, or explore public transportation options to address her traffic-related anxiety. 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. After an employee requests accommodations, the employer must take the appropriate steps. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. *&edtb?iB!+"M@"8hzMC|;q endobj Knowing When to Request Medical Information, What does "Undue Hardship" mean? 1. Keep it brief. Welcome to the newest section of our site - Talent Acquisition! 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. 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. This is not the case employers are free to try accommodations and stop them if they do not work. The interactive process is a conversation between an employer and an employee to determine if the employee requires a reasonable accommodation to perform the essential functions of their job and if so, what the accommodation (s) may be. You have successfully saved this page as a bookmark. 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 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. 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. 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. h\ CJ var currentUrl = window.location.href.toLowerCase(); IV. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. [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." 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. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. Copyright Dont prematurely end the process,"Schwarz said. Necessary information may include documentation of the disability and need for accommodation. 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. After six months, she hadnt heard anything. Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. Whether sending an email or letter, add a professional greeting that includes the person's name. That there was followup, but that it stayed away from medical details. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. hn CJ ji.3 Read more If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. If the employee cannot provide the necessary information, then medical documentation can be useful. 2 0 obj Essential functionsare the basic job duties that an employee must be able to perform. 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. Step 3: Get Job Descriptions in Order endobj The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. Other options, such as a leave of absence or reduced schedule, exist and should be evaluated in light of what is permitted under policy and contract. 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. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. $("span.current-site").html("SHRM China "); 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. They are excellent. A federal agency recently updated its accommodation policy. } No Past In-Person Trainings for Interactive Process. 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. Please enable scripts and reload this page. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. "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. 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. Additionally, don't use negative words as they have a bad impact. This agreement should be documented. 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. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % ET, Webinar The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. He does not link his need for the new chair with a medical condition. In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. Uncertainty from the start. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. It's not a terribly complicated idea, but many employers fall short in the execution. For example, it is sufficient if the employer receives notice of treatment needed by an employee. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. 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. "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.". ' ( b c h yi hn >*B*OJ QJ ^J ph hn OJ QJ ^J hn B*OJ QJ ^J ph hn B*OJ QJ ^J ph h] OJ QJ ^J h] h] h}R hn OJ QJ ^J j hn CJ For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. Here at UC Berkeley, we value your growth and development throughout your career journey. It may also come as a result of administering FMLA leave or a workers compensation claim. 18-50053 (Dec. 12, 2018). }); if($('.container-footer').length > 1){ Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. |^| endstream endobj 189 0 obj <>stream 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. " %%EOF No Past Recorded Modules for Interactive Process. Another EEOC recommendation is to consider the employees preference. If there is more than one option, the employer should consider the preference of the employee. 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. But the supervisor should have enough training to know when its time to go to HR. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. The following list provides some guidelines. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. 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. This button displays the currently selected search type. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. 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. An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. The sample Options Letter may be modified by an appointing power You can even have a trial period whenever theres doubt that an accommodation will be a good fit. 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. If it is a written letter, include a handwritten signature. Never assume an employee is disabled. That the supervisor didn't ask anything medical. The accommodation [will begin or began] on [date] and end based upon future doctor visits. The following persons will be present at this meeting: [names of meeting participants]. %PDF-1.5 % <> ; Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. <> 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). Unnecessary delays are a violation of the ADA. Members may download one copy of our sample forms and templates for your personal use within your organization. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. 4 0 obj Please confirm that you want to proceed with deleting bookmark. III. 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. Your session has expired. 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. 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. When the need isn't obvious, more information will be helpful when discussing accommodations. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. Employees can start the. 0 It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. @ A B U V n o z { 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. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. <>>> The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. Make use of positive language and try to remain positive throughout the email. This step is very important to the success of an accommodation. Once youve identified an accommodation request, its best to take action immediately. The EEOC recommends that you analyze the job, its purpose, and its essential functions. 222 0 obj <>stream 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 One good approach is to withhold the employees name and identifying information from outside resources. Please log in as a SHRM member. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. 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! <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. 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." The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. Communication is especially important if youve provided any assistive technology or equipment. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Then select the most appropriate accommodation for you and your employee. 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.]. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> As stated by the Third Circuit Court of Appeals in Taylor v. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. stream At this step, employers should be open to new ideas and new ways of doing things. If everything is working well, she continues to check in every six months. Asking for all medical records will rarely, if ever, meet this test. endobj 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. "You rarely see an . 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. The supervisor may request that the employee provide written documentation from a licensed medical practitioner, specifying the employees functional limitations as they pertain to the job, without providing diagnostic information. This is considered an accommodation request. A Transfer Search, if appropriate, is a continuation of the Interactive Process. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. | 1 p.m. (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. After complaining to her supervisor, the supervisor talked with HR. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. (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. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. 1 0 obj You dont want the front-line supervisor feeling like he needs to answer this question,"Schwarz said, and "it's not realistic that every manager/supervisor will become an expert in the interactive process. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. This includes information on the essential job functions your employee can and cant do. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. 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. 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.