REASONABLE ACCOMMODATION POLICY

POLICY
It is the policy of Cottage Health System (CHS) to comply with all applicable federal and state laws regarding the provision of reasonable accommodation as necessary to allow disabled individuals to perform the essential functions of positions for which they are otherwise qualified. CHS will provide reasonable accommodation for its employees with disabilities that will allow them to perform the essential functions of their job, unless the accommodations present an undue hardship to the organization.

DEFINITIONS
Applicability: This policy applies to qualified employees and applicants who have a disability as defined by the American with Disabilities Act (ADA) and the California Fair Employment and Housing Act.

Disability: An individual with a disability is a person who:

• Has a physical or mental impairment that limits one or more major life activities; or
• Has a record of such an impairment; or
• Is regarded as having such an impairment.

Reasonable Accommodation: A modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to perform an essential function of a position that the individual would otherwise be unable to perform due to the individual’s disability.

Undue Hardship: Accommodations that are unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.

Essential Job Functions. Those job duties that are primary or fundamental to a given position. They do not include those duties that are marginal or incidental to the position.

PROCEDURE

• Job Applicants
• Prior to the extension of a conditional job offer, the only question that can be asked of an applicant is “Are you able to perform the essential functions of the position with or without reasonable accommodation?”
• After a conditional job offer has been extended, Human Resources (HR) and management (interviewer) assess the applicant’s ability to perform the essential functions of the job with or without accommodation
• If the applicant indicates that he/she is unable to perform the essential functions of the job due to a qualified disability, HR will ask the applicant to describe the necessary accommodation in order to perform the essential job functions, and will ask for documentation
• Employee Health & Safety (EH&S) and the department Director will make a decision regarding the request for accommodation and, if approved, take the necessary steps to see that the accommodation is provided

• Current employees
• The employee is responsible for informing his/her Director in writing of the need for a reasonable accommodation due to a qualified disability. The communication should include the employee’s name, current position, date accommodation is needed, reason for need for accommodation, and what portion of his/her current position he/she is not able to perform for which he/she seeks accommodation.
• The employee may be required to provide documentation from his/her healthcare provider regarding the physical limitations or restrictions imposed by the disability, the manner in which such limitations affect ability to work, and how such limitations might be accommodated./li>
• In situations with workers’ compensation claims, EH&S may request medical information on behalf of the employee directly from the Workers’ Compensation Third Party Administrator or from health care providers involved with the claim. However, the employee is still responsible for informing his/her Director of his/her need for accommodations as outlined in paragraph one of this section.
• The department Director and EH&S will ensure that the essential functions of the job have been identified.
• In consultation with the employee, once a qualified disability has been identified, the director and EH&S will:
• Discuss the purpose and essential functions of the particular job involved. This may, but will not always, necessitate completion of a step-by-step job analysis.
• Determine the precise job-related limitation(s).
• Identify potential accommodations and assess the effectiveness each would have in allowing the individual to perform the essential functions of the job without causing undue hardship or impacting the ability to meet mandated or production requirements, and/or maintain a safe environment for the employee and our patients/customers.
• Select and implement the accommodation that is the most appropriate for both the individual and CHS when feasible and appropriate to do so. While an individual’s preference will be given consideration, CHS is free to choose among equally effective accommodations.
• The department Director and EH&S provides a decision to the employee, in general, within two weeks of receipt of all facts and documents needed to render a decision.
• If an accommodation would cause an undue hardship on the operation of the business, EH&S will investigate whether transfer to an open position for which the individual is otherwise qualified may be an appropriate accommodation. Employees unable to return to their usual and customary position on a permanent or long-term basis may apply for open jobs as long as they meet the requirements of the position for which they applied.


• Undue hardship
  CHS will review undue hardship by considering the following factors:
  • Nature and cost of the needed change.
  • How making accommodations will affect the operations of CHS, as well as the impact on other employees, patients, and the overall impact on the ability to conduct business.
  • The financial resources involved, number of employees impacted, and the affect on the expenses and resources of CHS.
  • The operation of CHS; including the structure, function and composition of the workforce, and the geographic, administrative and fiscal factors involved.

Request for Reasonable Accommodation form (Word document)