INTERACTIVE PROCESS For

RTW Coordinators

Presented by:Jackie Sloniker

CHIEF EXECUTIVE OFFICERISK MANAGEMENT BRANCHWORKER’S COMPENSATION

RETURN TO WORK UNIT

County of Los Angeles“To Enrich Lives Through Effective and Caring Service”

Presentation Outline

County of Los Angeles Policies on Non-Discrimination on the Basis of Disability

Board Policy #3.060 Board Policy # 9.010 Civil Service Rule 9.08

What is the Interactive Process. When is it necessary (Triggers of the Interactive Process) How to Develop an Objective Roadmap for

the Interactive Process Effective Reasonable Accommodation Effective Documentation of the Interactive

Process ***Do’s & Don’ts*** Remember CEO Contacts Questions

County of Los Angeles Policies on Non-Discrimination on the Basis of Disability

(Board Policy & Civil Service Rule)Non-Discrimination on the Basis of Disability

(Board Policy # 3.060) The County of Los Angeles does not discriminate on the basis of disability in

employment or in the admission and access to its services, programs and activities in compliance with the ADA requirements.

Equal Employment Opportunity Non-Discrimination Policy (Board Policy # 9.010)

The County of Los Angeles provides for equal employment opportunities and non-discrimination in the County workforce for all qualified persons, regardless of race, color, religion, sex, national origin, age, sexual orientation or disability.

Civil Service Rule 9.08 Pursuant to Civil Service Rule 9.08, the County of Los Angeles shall make

every attempt to return an employee to suitable work by modifying the employee’s duties or change of his/her assignment by way of reasonable accommodation. If the employee cannot return to gainful employment in any capacity, other alternatives need to be explored including medical release. Medical Releases would be without prejudice as to re-employment should the condition improve.

What is the Interactive Process

The Interactive Process is a dialogue between an employer and an employee or applicant with a disability to determine whether there is a reasonable accommodation that would enable the individual to perform the essential functions of the job.

The Interactive Process should be Flexible, Timely, and in Good-Faith.

What is the Interactive ProcessCont’d.

Participation in the interactive process is a mutual obligation; the employee must cooperate with the employer by participating in the process and responding to the employee’s appropriate requests for information and guidance on whether or not a particular accommodation will allow the employee to perform the essential functions of his or her position.

Understanding how the interactive process works and when it is triggered is very important. Employers need to understand their obligations under the FEHA / ADA – Workers Compensation is only one statutory scheme.

Employers are required to engage in the “interactive process” to determine whether a “reasonable accommodation” is available for the injured worker.

When is it necessary (Triggers of the Interactive Process)

While an employee may trigger an employer duty to engage in the interactive process by directly asking for an accommodation, an employer also must engage in the interactive process if it recognizes the need for an accommodation. The employee or applicant does not need to use magic words, such as “reasonable accommodation” or “interactive process.” Even ambiguous comments can be request for accommodation. The process may be triggered by any one or a combination of the following situations:

A family member, friend, health professional, or other representative may request a reasonable accommodation on behalf of an individual with a disability.

The employee requests a reasonable accommodation, specifically or by reference to his/her limitations.

A manager or supervisor observes barriers to the employee’s performance on the job.

The Department receives work restrictions from the Third Party Administrator.

It is important to maintain contact with the employee from their first day of disability leave to ensure

the interactive process commences as soon as appropriate.

Triggers of the Interactive Process(Under Worker’s Compensation) Cont’d.

Permanent & Stationary (P&S)

ORMaximum Medical

Improvement (MMI)

Date of Injury

Claim Settled

TPA Temporary Work Restriction Letter(Interactive Process Required)

TPA Interim Work Restriction Letter (Interactive Process Required)

TPA Permanent Work Restriction Letter(Interactive Process Required)

Reasonable Accommodation

Transiti

onal Work

Assig

nment

Triggers of the Interactive Process(Under Worker’s Compensation) Cont’d.

The employer is required to engage in the interactive process in the event of any

Transitional Work Assignment

Engage in the interactive process when the Work Hardening assignment has reached the twelfth week and the employee is not medically able to return to their usual and customary assignment.

If, at the conclusion of the Work Hardening assignment, it has been medically determined that the employee is unable to return to their usual and customary job, an interactive process will be conducted to determine and explore other possible future assignments.

The ultimate goal is to return the employee to work in a productive capacity as quickly as medically possible after a disabling injury or illness. (This would allow the County to minimize the human and financial costs of injuries and illnesses.)

How to Develop an Objective Roadmap for the Interactive Process

6Offer or reject RA.

Implement Decision. Document entire process

5Analyze whether the modifications

are a RA or undue hardship

4Investigate and identify all potential feasible

job modifications or accommodations

3Engage the employee in a

discussion to identify potential RA’s

2Identify essential job functions

from job description & supervisor and managers

IBegin interactive process by reviewing relevant files and records including

medical documentations to support request for RA

Effective IP

Effective Reasonable Accommodation

Reasonable accommodation is any effective measure that would enable an applicant or employee with a disability to perform the essential functions of his/her position.

…Which enables individuals with disabilities to enjoy equal benefits and privileges of employment.

Effective Reasonable Accommodation Cont’d.

To a great extent, the success of dealing with a reasonable accommodation request depends on the employee’s supervisor and manager.

Effective Reasonable Accommodation(Types of Accommodation) Cont’d.

Making existing facilities accessible to and useable by workers with disabilities.

Job restructuring. Modifying work schedules. Reassignment to a vacant position.

{ FEHA entitles an employee with a disability to “Preferential Consideration” in reassignment or transfer to a vacant position}

Adjusting or modifying exams, training, materials or policies.

Acquiring or modifying equipment or devices. Providing qualified readers or interpreters. Paid or unpaid leave (including reduced hours or CFRA leave coordination).

Alcohol or Drug Rehabilitation Programs.

Effective Documentation of the Interactive Process

A written record of events is the best evidence of what occurred, and the record can be requested for identification and disclosure in litigation. Documentation is most commonly used as evidence:

To tell the story of what occurred. To document that a specific decision was made objectively,

consistently and in accordance with all County policies. To refresh the memory of a witness. To reconstruct past events, such as personnel decisions. To establish knowledge, notice, intent, and good-faith.

*** Do’s ***

Be alert to spot situations that trigger the interactive process.

Understand the critical distinctions between the WC claim process including your separate duties as an employer under FEHA.

Maintain effective, complete and defensible documentation throughout the interactive process.

Enact and consistently enforce effective procedures for conducting the required “interactive process” when addressing a reasonable accommodation decision.

Address potential required reasonable accommodations based on disabilities or limitations that are apparent or which the employee discloses in the pre-placement process.

*** Don’ts ***

Ask for non-job relevant information, such as physical or mental illness, record of disabilities, past treatment, diagnosis or prognosis for medical conditions.

Ignore or inconsistently enforce policies – for any reason – to favor or disfavor an applicant/employee with a disability in hiring, placement and promotional decisions.

Apply improper pre-employment selection criteria and interview questions.

Apply inconsistent performance appraisal / promotion standards based on disability.

Encourage improper “disability” stereotyping.

Remember

Start communicating with your employee from the first day of absence. Transitional assignments may be available at any time. Continue communication and documenting from the first day. This is an ongoing process. Listen to the employee. Continue to document all interactions. Send follow-up letters as necessary to confirm what occurred. Keep the employee on track and make sure the employee becomes

involved. Keep an open mind. Supervisor, ADA Coordinator, CEO representative may take part in the

meeting. Document attendance, agreements, questions, and differences. Explore interdepartmental transfers when necessary – DHR.

CEO Contacts

Return to Work

Lloyd Pantell, Chief Program Specialist

(213) 738-2112

Jackie Sloniker - (213) 738-2116 Cathy Stein-Romo - (213) 738-2228 Humphrey Ahaiwe - (213) 738-2224

Medical Management

Marian Gallegos - (213) 639-6072

Questions ???