INTERACTIVE PROCESS For RTW Coordinators

1
INTERACTIVE PROCESS For RTW Coordinators

• Presented by
• Jackie Sloniker
• CHIEF EXECUTIVE OFFICE
• RISK MANAGEMENT BRANCH
• WORKERS COMPENSATION
• RETURN TO WORK UNIT

County of Los Angeles To Enrich Lives Through
Effective and Caring Service
2
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
• Dos Donts
• Remember
• CEO Contacts
• Questions

3
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
  employees 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.

4
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.

5
What is the Interactive ProcessContd.

• 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 employees 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.

6
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
  employees 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

7
Triggers of the Interactive Process(Under
Workers Compensation) Contd.
Reasonable Accommodation
Transitional Work Assignment
8
Triggers of the Interactive Process(Under
Workers Compensation) Contd.
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.)

9
How to Develop an Objective Roadmap for the
Interactive Process
10
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.

11
Effective Reasonable Accommodation Contd.

• To a great extent, the success of dealing with a
  reasonable accommodation request depends on the
  employees supervisor and manager.

12
Effective Reasonable Accommodation(Types of
Accommodation) Contd.

• 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.

13
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.

14
Dos

• 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.

15
Donts

• 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.

16
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.

17
CEO Contacts

• Return to Work
• Lloyd Pantell, Chief Program Specialist
• [phone]
• Jackie Sloniker - [phone]
• Cathy Stein-Romo - [phone]
• Humphrey Ahaiwe - [phone]
• Medical Management
• Marian Gallegos - [phone]

18
Questions ???