ACCOMMODATING DISABILITIES IN THE WORKPLACE POLICY

Similar documents
MODESTO CITY SCHOOLS Administrative Regulation

UNIVERSITY OF CALIFORNIA, MERCED CAMPUS PROCEDURES FOR AMERICANS WITH DISABILITIES AND DISABILITY MANAGEMENT

PROPOSED BY: Original Signed by Hannah Love TITLE: Interim Lead for Human Resources Date:3 /19/15

UPMC POLICY AND PROCEDURE MANUAL

UNIVERSITY OF CALIFORNIA, MERCED AMERICANS WITH DISABILITY (ADA) POLICY

SHIFT DIFFERENTIAL POLICY

NOTE: The first appearance of terms in bold in the body of this document (except titles) are defined terms please refer to the Definitions section.

BERMUDA HUMAN RIGHTS (UNREASONABLE HARDSHIP) AMENDMENT ACT : 34

Drug: A controlled substance, as defined in schedules I through V of section 202 of the

This policy protects three categories of individuals with disabilities:

Legal Issues in Human Resources Management

LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY BULLETIN

P.A What Employers Should Know About Pregnancy Discrimination. State of Illinois Department of Human Rights

Jeffrey A. Spector Assistant General Counsel November 7, FMLA, Workers Compensation, and ADA

Office of the President University Policy

Sam Houston State University A Member of The Texas State University System

FAMILY MEDICAL LEAVE ACT

UNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM. SECTION: Human Resources NUMBER: 02.E.09

Legislative Brief. Pandemic Flu and the Family and Medical Leave Act

ADA, FMLA AND WORKERS COMPENSATION. Lauri A. Kavulich (215)

REASONABLE ACCOMMODATION CHECKLIST 1. A. Triggers for a reasonable accommodation analysis

REASONABLE ACCOMMODATION PROCEDURE

The ADA, FMLA, and Accommodating Time Off - - The Intersection of Leave Laws

Managing Medical Issues In The Workplace: The FMLA and ADA. Sarah K. Willey

1. Which employees are eligible for Family Medical Leave Act (FMLA) qualifying leave?

Annual leave and bank holiday policy

Leaves of Absence: FMLA VS ADA

HR Audit Checklists Page 1

Bringing Employees Back to Work:

Subject: Equal Employment Opportunity and Affirmative Action Policy

REGENTS POLICY PART IV HUMAN RESOURCES Chapter Recruitment and Staffing

The Genuine Canadian Corporation AODA Integrated Accessibility Standards Multi Year Plan

AFFIRMATIVE ACTION PROGRAM FOR INDIVIDUALS WITH DISABILITIES AND FOR PROTECTED VETERANS. Tarleton State University

Subject: Definitions: None.

Subject: Definitions: None.

MINNESOTA BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE AND INTERIOR DESIGN (AELSLAGID)

THE LAW. Equal Employment Opportunity is

ADA Accommodation Guide to the Interactive Process

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Mission. It is the mission of Skyline CAP to provide a hand up to those in need through actions promoting self-sufficiency.

LEAVES OF ABSENCE: FMLA VS ADA

AFFIRMATIVE ACTION PLAN

LEAD EQUAL EMPLOYMENT OPPORTUNITY

EMPLOYEE RIGHTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION. For additional information or to file a complaint: USWAGE

DISABILITY/REASONABLE ACCOMMODATIONS PROCEDURES

Navigating the Family Medical Leave Act and the Americans With Disabilities Act

Incapacity due to pregnancy, prenatal medical care or child birth;

Presenter: Aaron N. Colby

Objectives. Medical Leave 1/29/201 6 WASHINGTON STATE UNIVERSITY. Template-WSU Hrz 201.ppt 1. Understanding and Managing Leave

SICK LEAVE. Subject to the attached regulations, the Division shall grant earned sick leave with pay to employees.

Navigating the ADA s Interactive Process Requirements

Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design (AELSLAGID)

Workers Compensation Return-To-Work Guidelines

DCMA Instruction 4201, Civilian Personnel

CAL HOWOR TOMENTAL SEEK REASONABLE DISABILITY ACCOMMODATION IN THE WORKPLACE FOR A PHYSI-

EQUAL EMPLOYMENT POLICY AND AFFIRMATIVE ACTION PLAN

CATASTROPHIC LEAVE PROGRAM EMPLOYEE INFORMATION

Mid Year Trending HR Topics for 2016

Accommodation and Compliance Series. Leave as an Accommodation

CITY OF ASHLAND EQUAL EMPLOYMENT OPPORTUNITY POLICY AND AFFIRMATIVE ACTION PLAN

; tllflflfi~l ~~~ll~~f~[fil~~llilll[li~lllllllllllll

The Office of Ombudsman for MH/DD

CLASSIFIED EMPLOYEE SUPPLEMENTARY PAY/OVERTIME

D.C. FMLA POLICY AND PROCEDURE

THE FEDERAL FAMILY & MEDICAL LEAVE ACT OF 1993 (AS REVISED)


CHAPTER 2 THE ENVIRONMENT. 1. Nominal wages are wages that have been adjusted for inflation.

New York University UNIVERSITY POLICIES

2017 Jackson Lewis P.C. 1

FAMILY AND MEDICAL LEAVE

AFFIRMATIVE ACTION PLAN FOR INDIVIDUALS WITH DISABILITIES

Working With Employee Health Conditions

Policy on Employment of Lay Personnel of the Diocese

MEDICAL LEAVE FOR EMPLOYEE

EMPLOYMENT AUDIT CHECKLIST

DMEC 2017 Virtual Education Forum

a do bolo Affirmative Action Plan State ofminnesota ' University Avenue SE #320 Minneapolis, MN 55414

Managing the new ADA

3/18/95 LEAVES OF ABSENCE AND VACATION

FMLA, ADA, & Time Worked Supervisor Training Session

Section-by-Section Analysis of the NASA Flexibility Act of 2003 (Boehlert Amendment) a

WASHOE COUNTY SCHOOL DISTRICT EMPLOYEE HANDBOOK FOR CLASSIFIED EMPLOYEES REGULARLY SCHEDULED TO WORK LESS THAN TWENTY-FIVE (25) HOURS A WEEK

Americans with Disabilities Act: Employer-provided Leave

FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE

University Policy SICK LEAVE

CITY OF HEWITT POLICIES AND PROCEDURES Procedure: Injury Leave/Workers Compensation Section: 4.13

Leave of Absence Without Pay Related to Personal or Family Illness or Injury, for University Employees:

BUSINESS SERVICES VACATION LEAVE, SICK LEAVE, FAMILY MEDICAL LEAVE, SICK LEAVE POOL

EQUAL EMPLOYMENT OPPORTUNITY

POLICY NUMBER: EB-100

Lincoln Financial Group Equal Employment Opportunity, Discrimination & Harassment Policies

For the purposes of this policy, the following definitions apply: 3.2 Federal Fiscal Year October 1 through September 30 of each year.

Intersections between Workers Compensation, the ADA, and FMLA

UNIVERSITY OF DENVER POLICY MANUAL LEAVE OF ABSENCE

MAINE COMMUNITY COLLEGE SYSTEM PROCEDURES MANUAL

AFFIRMATIVE ACTION PLAN FOR PROTECTED VETERANS

Medical Accommodation Guidelines

RULE PERSONNEL: General. Medical Evaluations. I. Purpose

This policy will be implemented in accordance with the time frames established by the Regulation. (link to Multi Year Accessibility Plan)

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Labor and Employment Law. New York State Bar Association 1

PURPOSE This policy sets forth guidelines for sick leave for eligible employees of the university.

Transcription:

ACCOMMODATING DISABILITIES IN THE WORKPLACE POLICY PURPOSE The purpose of this policy is to ensure non-discriminatory employment-related decisions and to provide (where necessary) Reasonable Accommodations to qualified individuals with disabilities. POLICY STATEMENT It is the policy of The University of Texas MD Anderson Cancer Center (MD Anderson) to: Prohibit discrimination in employment decisions and practices on the basis of disability. Make effective Reasonable Accommodations for qualified individuals with a disability, in accordance with the Americans with Disabilities Act Amendments Act. Prohibit retaliation against any faculty member or other member of MD Anderson s workforce as well as any applicant for employment who receives or requests a Reasonable Accommodation and/or anyone who has aided or encouraged others to request or receive a Reasonable Accommodation. SCOPE This policy applies to all applicants and all faculty and other members of MD Anderson s workforce (except Educational Appointees), regardless of status or classification. TARGET AUDIENCE The target audience for this policy includes, but is not limited to, all faculty and other members of MD Anderson s workforce, except for Educational Appointees. DEFINITIONS Direct Threat: A significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by Reasonable Accommodation. The determination that an individual poses a direct threat shall be based on an individualized assessment of the person s ability to safely perform the Essential Job Functions and shall be based on a reasonable medical judgment that relies on the most current medical knowledge and/or the best available objective evidence. In determining whether a person would pose a Direct Threat, the factors to be considered include: The duration of the risk, Page 1 of 5

The nature and severity of the potential harm, The likelihood that the potential harm will occur, and The imminence of the potential harm. Educational Appointee: An Educational Appointee holds a training-based appointment in an MD Anderson training or education program, with or without compensation, that has a specific begin and end date or contingencies. Educational Appointees differ from other MD Anderson employment-based positions such as classified employees, administrative staff, or faculty. Essential Job Functions: The fundamental duties and/or other job-related aspects of a position that are critical to accomplishing the purpose for which the position was created. Individual with a Disability: A person who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such impairment. Qualified Individual with a Disability: A person with a disability who possesses the requisite skill, experience, education, and other job-related requirements and who can perform the Essential Job Functions with or without a Reasonable Accommodation. Reasonable Accommodation: A modification to employment practice or work environment that enables a Qualified Individual with a Disability to perform the Essential Job Functions. A Reasonable Accommodation will be made unless the accommodation imposes an Undue Hardship on the operation of this institution. Undue Hardship: A modification to an employment practice or the work environment that: Is unduly costly, Is extensive, Is substantial, Is disruptive, Would fundamentally alter the nature/operation of the business, and/or, Would pose a Direct Threat to the safety and health of the individual or others. PROCEDURE 1.0 Accommodation Requests 1.1 Applicants may request an accommodation during the application process. Applicants requesting an accommodation should complete the Accommodation Request Form provided by Recruitment or the Leave Center. 1.2 Employees may request an accommodation for a disability from their manager, HR Generalist, or the Leave Center. Employees requesting an accommodation should complete the Accommodation Request Form. Page 2 of 5

1.3 Managers and the HR Generalist should refer the request for an accommodation to the Leave Center. 1.4 Medical information and documents may be required in order to process the request. 2.0 Reasonable Accommodation Request Review and Determination 2.1 Accommodation requests will be reviewed by Human Resources. The Leave Center, in consultation with Employee Health & Well-being, will review the provided medical documentation to determine if the employee or applicant requesting the Reasonable Accommodation is a Qualified Individual with a Disability. 2.2 If it is determined that the employee or applicant is a Qualified Individual with a Disability, an interactive process shall begin to determine an effective accommodation. 2.3 If an employee is unable to work while the accommodation is being processed or implemented, the employee will utilize, if applicable, accrued Extended Illness Bank time, then Compensatory Time, Paid Time Off, Preserved Holiday Bank, Earned Holiday Bank leave, followed by Leave Without Pay. 2.4 The Leave Center or the EEO and HR Regulations Department will inform the employee or applicant of determinations regarding accommodations. Page 3 of 5

ATTACHMENTS / LINKS Accommodation Request Form (Attachment # ATT1162). The Americans with Disabilities Act Amendments Act. RELATED POLICIES JOINT COMMISSION STANDARDS / NATIONAL PATIENT SAFETY GOALS OTHER RELATED ACCREDITATION / REGULATORY STANDARDS REFERENCES Page 4 of 5

POLICY APPROVAL Approved With Revisions Date: 12/15/2015 Approved Without Revisions Date: Implementation Date: 12/15/2015 Version: 20.0 RESPONSIBLE DEPARTMENT(S) Human Resources Page 5 of 5