SUBJECT: Disability Accommodations DATE: September 9, 2013 I. POLICY/SCOPE UPMC POLICY AND PROCEDURE MANUAL POLICY: HS-HR0750 * INDEX TITLE: Human Resources As part of our commitment to a diverse and inclusive workforce, it is the policy of UPMC to provide reasonable accommodations to qualified United States based staff members and applicants for employment with disabilities to enable them to perform the essential functions of their jobs. Through this policy, UPMC establishes a process for open communication between staff members (and applicants), UPMC WorkPartners, and Human Resources to specifically address any requests for accommodations due to a disability. UPMC will engage in an interactive process with staff members (and applicants) with mental or physical impairments when necessary to determine if essential job functions can be performed with or without a reasonable accommodation. To do this, however, staff members (and applicants) with impairments must come forward to request a discussion about accommodations if the impairments are preventing or limiting performance of their essential job functions. II. DEFINITIONS A. Disability (as defined by the Americans with Disability Act as Amended) An individual with a disability is a person with a physical or mental impairment that: 1. substantially limits one or more major life activities; 2. has a record of such impairment; or 3. is regarded as having such an impairment. A qualified individual with a disability is defined as one who possesses the requisite skills, education, experience and training for a position, and who can, with or without reasonable accommodation, perform the essential functions of the position the individual desires or holds.
PAGE 2 B. Substantial Limitation A substantial limitation is defined as an impairment that prevents the performance of a major life activity that the average person in the general population can perform; or a significant restriction as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the average person in the general population. C. Reasonable Accommodation This term is defined as a reasonable modification or adjustment to the job application process or the work environment that enables a qualified person with a disability to be considered for a position, perform the essential functions of a position, or enjoy the same benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities. III. ELIGIBILITY Qualified staff members with disabilities must make requests for reasonable accommodation(s) known, through discussion, directly with UPMC WorkPartners or Human Resources. This request should be in writing on the Staff Member Request for Accommodation form, a copy of which can be obtained from WorkPartners, Human Resources or on the Infonet. Upon receipt of an accommodation request, WorkPartners will connect with the requesting staff member to review the request for reasonable accommodation. When a staff member requests a change in job task, function and/or responsibilities that is directly related to a staff member s medical condition his/her supervisor must act on each request promptly. The action required by the supervisor includes notifying WorkPartners and/or Human Resources of the request so that the interactive process can begin. During this interactive process, UPMC WorkPartners may require medical documentation supporting the request from the staff member s treating physician. Before medical information may be released to WorkPartners, the employee must complete the Authorization to Release Health Information form. Medical Requests may include inquiries regarding the nature, severity, and duration of the individual s impairment; the activity or activities that the impairment limits; the extent to which the impairment limits the individual s ability to perform the essential functions of the position; and/or, why the individual requires reasonable accommodation or the particular reasonable accommodation requested; how the reasonable accommodation will assist the individual in applying for a job, performing the essential functions of the job, or enjoying a benefit of the workplace. Once the need for an accommodation has been established, WorkPartners, the staff member s supervisor and Human Resources will determine the feasibility of any potential accommodation, considering factors such as the nature and cost of the accommodation, and the accommodation s impact on the ability of other staff members to perform their
PAGE 3 duties in a safe and efficient manner. Staff members are not entitled to the specific accommodation they may request, but only to an accommodation that is effective and reasonable. If an accommodation creates an undue hardship or endangers the health or safety of the employee or others, the accommodation will not be permitted. WorkPartners will inform the staff member of the decision regarding the request for accommodation. In some instances, additional discussion may be necessary to further clarify the need for or the appropriateness of an accommodation. UPMC may alter, modify or cease providing the identified accommodation, depending on business or staff member s needs, or if circumstances otherwise require revisiting the reasonableness of the accommodation. If a staff member s reporting structure or medical condition/needs change, it is the staff member s responsibility to inform his/her supervisor of the need for accommodation as well as update WorkPartners. IV. GUIDELINES The staff member is responsible for advising WorkPartners, Human Resources or the immediate supervisor that an accommodation is needed. When a staff member requests a change in job task, function and/or responsibilities that are directly related to a staff member s medical condition, his/her supervisor must act on each request promptly by notifying WorkPartners and/or Human Resources of the need so that the interactive process can be initiated. Each request for an accommodation must be acted upon promptly. Each request will be reviewed independently. In cases in which the need for an accommodation is not obvious or previously known, the staff member and his/her health care provider will be required to provide medical information relating to the staff member s level of impairment. If the requested medical information does not clearly explain the nature of the disability or how the requested accommodation will assist the staff member to perform the essential functions of the job additional medical information will be requested and/or the staff member may be requested to be evaluated by a physician selected by WorkPartners and paid for by UPMC. The accommodation can take many forms and may include, but not limited to: Ergonomic assessments to purchase equipment or change a physical environment Modified work schedule or arrangement (work from home) Job restructuring or reallocation of non-essential tasks Job Coaching, peer mentoring, additional training time or different training format Provide sign language interpreter or readers Temporary modification of job duties through the Return to Work Assistance Program (RTWAP) Accommodated Time Away from Work (with a specific time frame indicated) Reassignment
PAGE 4 Modified Work Schedule A modification to the work schedule can be temporary or permanent in nature. If permanent, the employee s job status will be re-evaluated based upon the number of hours the employee is able to work and the business need of the operation. Job Restructuring There will be times when non-essential tasks of a job can be reassigned or reallocated to others within the department. When this is possible and does not significantly impact the nature and scope of the job, this will be considered. This is not reasonable in all cases and when not appropriate, WorkPartners and Human Resources will be responsible for clearly explaining the reasons this cannot be accomplished. Temporary modification of job duties (RTWAP) UPMC recognizes that there may be times when, because of an illness, injury, medical condition or disability, a staff member is able to return to work, but for a limited period of time are not able to perform all of his/her assigned job responsibilities. The Return To Work Assistance Program (RTWAP) is designed to provide a safe and consistent process that will allow a staff member the opportunity to continue working when he/she is temporarily unable to perform his/her own job due to a work-related or non-work-related illness/injury/medical condition or disability. If the staff member s physician requests incremental increases in physical abilities and/or hours, due to his/her medical condition, then as the staff member recovers, job responsibilities/hours will be gradually increased until he/she is able to resume his/her regular position. The RTWAP is designed to be short-term in duration, typically lasting a few weeks, but not to exceed a total of 26 weeks within any rolling 12 month period, if medically supported. If an employee ceases to have a medically supported need for job modification, his/her eligibility to participate in the Return to Work Assistance Program ends. Eligibility for the RTWAP is determined by the staff member s specific limitations and restrictions and is limited in duration to the Return to Work plan as determined by the treating physician, WorkPartners and UPMC, not to exceed 26 weeks from the date staff member enters the RTWAP within any rolling 12-month period. If a staff member is unable to return to his/her position at the end of the 26 weeks of RTWAP time, he/she may request further accommodations under the Disability Accommodation policy. Transitional Return to Work Assignments (temporary accommodations) It is the policy of UPMC to provide a Return to Work Assistance Program to its United States based employees.
PAGE 5 Extension of Accommodated Time Away from Work Prior to the conclusion of all available leave time, the staff member is responsible for advising WorkPartners, through ongoing contact with the leave specialist, that additional time will be needed before the staff member returns to work. The staff member will be responsible for providing written documentation, from his/her healthcare provider, supporting the need for his/her extended leave. This request is to include: the medical reason the employee is not yet able to return to work, an anticipated timeframe for return to work, documentation as to whether the staff member is anticipated to return to their original position or a modified position, ongoing treatment plan and anticipated duration of the condition. Upon receipt of the written request for the additional extended leave, WorkPartners will review all available information, including relevant information already available in the current leave and short-term disability files to assist in making the determination of the need for additional time away from work. Should the need for the additional time away from work not be obvious, it may be necessary for the employee to participate in an evaluation by a health care provider of WorkPartners choosing who will assist in clarifying the medical need. This health care provider may be an occupational health provider for UPMC or an Independent Medical Examiner coordinated by WorkPartners. The cost for this examination will be covered by UPMC. Determination for an Extension of Accommodated Time Away from Work Once all medical information has been reviewed and an examination has been completed (if necessary), WorkPartners and Human Resources will determine whether additional time away from work can be granted. Once a determination has been made all parties will be notified both verbally and in writing. Granting of an extension of accommodated time away from work does not provide job protection for the staff member s prior position. Instead the employee may be provided an available budgeted position upon release to return to work. Every effort will be made to return the employee to a comparable position; however, should none be available the employee may be offered any position for which he/she qualify in terms of education, training and background. Benefits If a staff member is granted accommodation time away from work that extends beyond 26 weeks from the date the disability leave began, group benefits will end at 26 weeks and COBRA continuation coverage will be offered. Staff members can re-elect benefits upon return to work, which will become effective the first of the following month.
PAGE 6 Reassignment Reassignment will be considered as a reasonable accommodation only if a determination is made that no other reasonable accommodations are available to enable the individual to perform the essential job functions of his or her current job or if the only other effective accommodation would cause undue hardship. In the event reassignment is necessary to accommodate the employee with a disability, the employee will not be required to apply or compete for an existing vacant position; the employee will be placed in the vacant position he or she is qualified to perform. To the extent possible, efforts will be made to identify positions that are equivalent to the employee s current job in terms of pay, status and other relevant factors. If there is not an equivalent vacant position, WorkPartners and Human Resources will consider vacant lower-level positions for which the individual is qualified. Reassignment cannot be made to a position with greater promotion potential than the original position held by the employee. If no such reassignment opportunity exists, employment will be terminated. Informal Dispute Resolution An individual dissatisfied with the resolution of a reasonable accommodation request can ask WorkPartners to reconsider that decision. An individual must request reconsideration in writing within 10 business days of receiving the decision. A request for reconsideration will not extend the time limits for initiating administrative, statutory, or collective bargaining claims. For UPMC s policy concerning disabilities accommodations for patients, see HS-HD-PR- 04 Inpatient Room Assignment for People with Disabilities. See also HS-HD-PR-03 Non-Discrimination in Patient Care and any relevant provider-specific policies. SIGNED: Gregory K. Peaslee Senior Vice President, UPMC and Chief Human Resources and Administrative Services Officer ORIGINAL: May 30, 2011 APPROVALS: Policy Review Subcommittee: August 15, 2013 Executive Staff: September 9, 2013 PRECEDE: July 8, 2013 SPONSOR: Senior Vice President, UPMC and Chief Human Resources and Administrative Services Officer * With respect to UPMC business units described in the Scope section, this policy is intended to replace individual business unit policies covering the same subject matter. In-Scope business unit policies covering the same subject matter should be pulled from all manuals.