PPSM 81

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Medical Documentation

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Reasonable Accommodation Procedures

Special Selection and Trial Employment Procedures

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Section 81, Reasonable Accommodation
Approved: 7/1/06
Supersedes: 12/22/99

Responsible Department: Human Resources
Source Document: UC PPSM 81

Exhibit A, Reasonable Accommodation Record of Action

81.A. GENERAL

Note 1--Vocational Rehabilitation Services. Services provided by the campus and UCDHS Vocational Rehabilitation units include vocational rehabilitation counseling, consultation on accommodation, and coordination of special selection procedures. Services are available as appropriate for both industrial (Workers' Compensation) and nonindustrial injuries and illnesses. Departments and individual employees may request assistance by calling the Vocational Rehabilitation units.

Note 2--Reasonable Accommodation. "Reasonable accommodation" is a reasonable change or modification that will enable an employee to perform the essential functions of the job and that will not pose undue hardship to the employer. In addition, it includes reasonable modifications to a job application process. Examples of reasonable accommodation:

Making facilities accessible.
Job restructuring (such as eliminating nonessential parts of a job, exchanging assignments with another employee, or redesigning procedures).
Modifying or reducing the work schedule.
Purchasing or modifying work equipment.
Modifying employment examinations, training materials, or policies.
Providing readers or interpreters.
Reassigning an individual to a vacant, available position if reasonable accommodation is not possible in the individual's current job.

Note 3--Qualified. An applicant or employee is considered to be qualified for a position if he/she (1) satisfies the skill, experience, and other job-related requirements of the position, and (2) can perform the essential functions of the position, with or without reasonable accommodation.

Note 4--Funding. The department pays the cost of providing reasonable accommodation. If the department cannot afford the cost, assistance may be available from the dean, vice chancellor, or UCDHS associate director. If further financial assistance is needed, Vocational rehabilitation may be able to suggest other potential funding sources.

Note 5--Accommodation Not Required. The University is not required to provide accommodation (1) where the accommodation is unreasonable or (2) where it would impose undue hardship on the University. Examples of factors that are considered in deciding whether a requested accommodation constitutes undue hardship include, but are not limited to, the following:

The nature and cost of the accommodation.
Available funding.
The number of persons employed.
The impact of the accommodation upon the operations of the department, including the ability of other employees to perform their duties and the department's ability to conduct business.

Note 6--Modified Duty. For those employees who sustain a work-incurred injury or illness and are temporarily unable to perform their regular duties, a modified duty program has been established. See UCD Policy & Procedure Manual Section 370-20 (UCDHS Hospital Policies & Procedures Manual Section 2942) for complete information. For those employees who sustain a non-work-incurred injury or illness and are temporarily unable to perform their regular duties, the department is encouraged to provide temporary modified duty as appropriate.

81.B. MEDICAL DOCUMENTATION

Note 1--Cost. If a confirmation examination by a University-appointed healthcare provider is necessary, Employee Health Services will schedule the examination, obtain and review the results, and recharge the cost of the examination to the department.

Note 2--Workers' Compensation. The University's claims administrator will inform Workers' Compensation claimants of their potential eligibility for rehabilitation services when it becomes apparent that such services may be needed.

81.C. TRIAL EMPLOYMENT

Note 1--Approval. The department or a Vocational Rehabilitation Counselor may initiate trial employment. All trial employment arrangements must be reviewed and approved by a Vocational Rehabilitation Counselor.

Note 2--Evaluation. The supervisor should evaluate performance once a month during trial employment. A form for this purpose is available from Vocational Rehabilitation.

81.D. SPECIAL SELECTION

Note 1--Reassignment. If accommodation in the employee's current position is not possible, the employee is eligible for special selection procedures for other positions. See UCD Procedure 81.2, below.

UCD PROCEDURE 81.1--REASONABLE ACCOMMODATION

a. The employee informs the department of his/her functional limitations and the need for reasonable accommodation and provides documentation from a healthcare provider that he/she is unable to perform essential functions of his/her current position for medical reasons.

b. If a question exists as to whether an individual is a qualified individual with a disability under the Americans with Disabilities Act, the department will consult with a Vocational Rehabilitation Counselor.

c. The department gives primary consideration to the requested accommodation and provides it, if the requested accommodation is "reasonable" and will not impose undue hardship on the University (see definitions above). The department can obtain assistance in identifying alternatives from Vocational Rehabilitation or Employee & Labor Relations.

d. The department fills out Exhibit A and sends it to Vocational Rehabilitation.

e. If the department is unable to accommodate the employee, the department contacts a Vocational Rehabilitation Counselor.

f. The Vocational Rehabilitation Counselor analyzes the essential functions of the job, reviews the functional abilities and limitations of the employee, consults with the employee and supervisor, and then makes the determination as to whether the department should accommodate. The Vocational Rehabilitation Counselor assists the employee and supervisor in responding appropriately to the employee's medical condition.

g. The department head informs the employee whether the request for accommodation is approved, approved as modified, or not approved. If an accommodation is approved, the employee and supervisor implement the accommodation.

h. If no accommodation in the employee's present position is approved, the Vocational Rehabilitation Counselor determines the employee's eligibility for trial employment and special selection for other positions as described in UCD Procedure 81.2, below.

i. The employee may appeal a denial of accommodation as described in Policy 70 and Procedure 70.

UCD PROCEDURE 81.2--SPECIAL SELECTION AND TRIAL EMPLOYMENT

a. A Vocational Rehabilitation Counselor reviews vacancy listings and consults with Recruiters to evaluate suitability of certain vacancies for qualified vocational rehabilitation candidates. The candidate may request to be placed on the mailing list for the Employment Opportunities Bulletin or can elect to access campus and/or UCDHS vacancy listings via the Internet.

b. If a potentially suitable and available vacancy for a qualified vocational rehabilitation candidate exists or will exist in the near future, the Vocational Rehabilitation Counselor (campus) or Vocational Rehabilitation Counselor or Recruiter (UCDHS) contacts the hiring department.

c. The new department interviews the candidate. This can be done before the publication of the vacancy or before the final filing date.

d. If the candidate is minimally qualified and can perform the essential duties of the position, with or without reasonable accommodation, the new department shall appoint the candidate to the position. The department may either make a career placement, in which case no further steps in this procedure apply, or set a period of trial employment pursuant to Policy 81.C. For trial employment, the position is designated as casual.

e. If the candidate is not appointed to the position, the department advises the Vocational Rehabilitation Counselor, in writing, of the reasons the candidate is not considered qualified and what essential functions the candidate is unable to perform. If the Vocational Rehabilitation Counselor concurs, the department then continues with the selection and appointment process as described in Policy 21 and Procedure 21.

f. When a current employee is appointed pursuant to Policy 81.C, Trial Employment, the current department designates the trial employment period as a personal leave of absence.

g. During trial employment, the new department performs a periodic written evaluation (form provided by Vocational Rehabilitation). The department consults Vocational Rehabilitation or Employee & Labor Relations if performance is unsatisfactory.

h. At the end of the trial employment period, if performance is satisfactory and the position was intended to be a career position, the department changes the appointment to career status. Recruitment is waived. If performance is not satisfactory, the employee returns to his/her previous status.

i. A Vocational Rehabilitation Counselor interviews any employee whose trial employment is unsuccessful to assess feasibility of further program assistance.