sample interactive process letter to employee

In December 2014, the plaintiff's new supervisor made it clear that in the absence of an approved accommodation under the ADA, she was expected to be in the office beginning in the new year. 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. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. Reasonable Accommodation and the Interactive Process 18-50053 (Dec. 12, 2018). Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. The EEOCs recommended starting point is to use an interactive process once a request has been made. 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The important thing for employers to remember is not to ask for too much information. Keep your message as short as possible. These accommodations are specific to each individuals needs. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." After an employee requests accommodations, the employer must take the appropriate steps. A Department should consider the factors listed in Section III. Virtual & Washington, DC | February 26-28, 2023. ' ( 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 Employees last name], We have received your medical release from your doctor, [name] dated [date]. 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. 1. And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. hn U ji.3 That the supervisor didn't ask anything medical. 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. Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. Accommodation options will be considered in discussions with the employee. You have successfully saved this page as a bookmark. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. Once an accommodation has been chosen, it is time to implement the accommodation. &. This is a request for reasonable accommodation. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> hbbd```b``:"kd6di`f0^ X|9$x hH : 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. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. $("span.current-site").html("SHRM China "); Please enable scripts and reload this page. Employee Performance Review (With Sample) - Indeed 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.. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. 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! (For example, "I'm getting headaches from the glare from my computer screen. This process is initiated either by: The employee's written or verbal request for assistance, or. 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. 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. Employees can start the interactive process using any form, including verbal communication. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. Dont assume that thecosts of providing the accommodationwill be too expensive. "Written follow-up in both directions that confirms what the discussion has been. Make use of words in such a way that . If it is a written letter, include a handwritten signature. The company did not receive information in response to this request. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. Here at UC Berkeley, we value your growth and development throughout your career journey. This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. The interactive process isnt always necessary, though. e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / 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). The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. This includes information on the essential job functions your employee can and cant do. 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. 4 0 obj Also, include a closing and a polite signature. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). 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 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. 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. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. Never assume an employee is disabled. Step 3: Get Job Descriptions in Order But the supervisor should have enough training to know when its time to go to HR. 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. If it is an email, include an email signature with your contact information. If everything is working well, she continues to check in every six months. 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 % Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. There areperksto creating a company culture that welcomes employees with disabilities. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is IV. Asking for all medical records will rarely, if ever, meet this test. This includes with or without reasonable 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. 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. Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. Another EEOC recommendation is to consider the employees preference. (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. Necessary information may include documentation of the disability and need for accommodation. 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. The company was able to edit these forms to fit its needs. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. Let HR Dive's free newsletter keep you informed, straight from your inbox. However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. No Past Exhibit Booths for Interactive Process. var currentUrl = window.location.href.toLowerCase(); Federal Appeals Court Emphasizes Importance of Interactive Process in Circumstances or the effectiveness of accommodations can change over time. A large company wanted to standardize all of the accommodation requests it receives. endobj Learn more in our Cookie Policy. ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. 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. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. The sample Options Letter may be modified by an appointing power The interactive process can begin when the employee makes the request. These ideas, along with any ideas from the employee and employees medical provider, must be documented. Make a request for an accommodation verbally, in writing, and/or using one of the above methods, to the RARC, the agency Workplace Equality Compliance Officer (WECO), a Deciding Official (typically the first line supervisor/manager), the servicing human resources office, or any agency employee connected with the job application process, as Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. 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. Copyright Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. DOCUMENTING CURRENT ACCOMMODATIONS " Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. The law requires that employees and employers engage in the Interactive Process. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. 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. Ultimately, she refused this proposal and instead sought intermittent FMLA leave that would allow her to leave at 2 p.m., and she immediately adjusted her schedule accordingly. 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. Employee's Failure to Participate in Interactive Process Dooms ADA 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. 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. 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.]. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Please read our Cookie Notice. This is not the case employers are free to try accommodations and stop them if they do not work. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 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. 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.

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