sample interactive process letter to employee

The company did not receive information in response to this request. An employee submitted an accommodation request for an ergonomic chair due to a back injury. The most important way to monitor accommodations is to encourage ongoing communication. An employee's request for Family and Medical Leave Act (FMLA) time off automatically triggers an employer's Americans with Disabilities Act (ADA) obligations, even absent a specific request for . The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. Make use of words in such a way that . The EEOC recommends that you analyze the job, its purpose, and its essential functions. Remember to only ask for the necessary medical information. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. "Written follow-up in both directions that confirms what the discussion has been. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. 1630.2(o)(3). This process is initiated either by: The employee's written or verbal request for assistance, or. 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. Never assume an employee is disabled. Employee Letter and Email Examples - The Balance Careers This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. The request had been sitting on one of the desks in the purchasing department. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. 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. the employees disability and need for accommodation are obvious. Here at UC Berkeley, we value your growth and development throughout your career journey. 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. Employees who are receiving accommodations need to understand that they should let their employers know if there are changes or problems with the accommodation and who specifically to contact. Understanding The ADA's Interactive Process - Insperity 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. How to engage in the 'Interactive Process' with an employee The interactive process isnt always necessary, though. Think of theinteractive processas collaborating with your employees to develop accommodations. <> ", The employees request. Schwarz offered the example of an employee who is chronically late for work and starts receiving write-ups and warnings. <>>> " Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. Together you can discuss the potential impact of the accommodations. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 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.". Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". 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. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. 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. Keep up with the story. 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"); Once youve identified an accommodation request, its best to take action immediately. 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. 222 0 obj <>stream This is not the case employers are free to try accommodations and stop them if they do not work. 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. Employees can start the. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. ADA Best Practices For Employers Engaging in an Interactive Process endobj Members can get help with HR questions via phone, chat or email. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. In response, again citing anxiety and panic attacks resulting from heavy traffic, the plaintiff submitted an accommodation request for a modified in-office schedule, from 7 a.m. to 2 p.m., working from home in the afternoons. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Unnecessary delays are a violation of the ADA. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. 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. No Past In-Person Trainings for Interactive Process. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. PDF CAN WE TALK?: The ADA Interactive Dialogue - Disability, Leave & Health Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. "), That the supervisor said, "How can I help you? 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. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. Fh^F`h If it is an email, include an email signature with your contact information. 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. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 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). *&edtb?iB!+"M@"8hzMC|;q Be open to doing things a different way. What Now? <> Determine if any repair, maintenance, or replacement is necessary to any equipment. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. 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. These ideas, along with any ideas from the employee and employees medical provider, must be documented. Responding to Employee Accommodation Requests under the ADA: Navigating Interactive Process - Freeman Rehabilitation Services Adobe PDF viewer is required for some of these documents. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. An employer's duty to initiate the 'interactive process' without a Please log in as a SHRM member. USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California % Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. 4 0 obj endobj Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. "I advise employers to bend over backwards to help somebody who is saying, 'I need some help'for something that might possibly be a disability, whether or not you like the person,"Fram said. Learn more in our Cookie Policy. This button displays the currently selected search type. This is the time to brainstorm and consider what might work. + : 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. ", Often, supervisors don't recognize an accommodation request or ignore the request, according to Beth Loy, principal consultant with the Job Accommodation Network (JAN), a program funded by a contract with U.S. Department of Labor's Office of Disability Employment Policy. ' If an accommodation is not considered reasonable, refer to Sections IV and V below. PDF Reasonable Accommodation - National Association of Letter Carriers AFL-CIO After six months, she hadnt heard anything. When in doubt, ask for clarification on the request and why. 3 0 obj Then select the most appropriate accommodation for you and your employee. 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. $(document).ready(function () { The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M (Supervisors should stay out of medical details as much as possible, Fram said.). For example, it is sufficient if the employer receives notice of treatment needed by an employee. 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 " It may also come as a result of administering FMLA leave or a workers compensation claim. 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.]. 4 var currentUrl = window.location.href.toLowerCase(); The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. 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. Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. Understand how these limitations impact their essential job functions. 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. process will be maintained in your medical file, which is separate from your personnel file. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. However, they may be a useful tool for both employers and employees. JANis a free national resource for employers looking for help with accommodations. 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. 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. 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. An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. The ability of employers and their managerial staff to recognize requests is important. 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. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. Its a good idea to touch base with your employee on how things are going. Evaluate whether the employee can perform the job safely. Don't hide your interactive process requirement, rather publicize it. However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. 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. 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. As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. IV. 7 ways to screw up the ADA's interactive process | HR Dive ta SKN Following . Interactive Process - AskJAN.org This includes information on the essential job functions your employee can and cant do. (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. Let HR Dive's free newsletter keep you informed, straight from your inbox. The person writing the email should make sure that the change in process is communicated clearly.

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