THE INTERACTIVE PROCESS AND COVID 19
The California Fair Employment and Housing Act requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship. Reasonable accommodation can include, but is not limited to, the following:
- Changing job duties
- Providing leave for medical care
- Changing work schedules
- Relocating the work area
Employees with disabilities may have separate rights to unpaid leave under the Federal Family and Medical Leave Act or the California Family Rights Act.
In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. For more information, please visit the California Department of Fair Employment and Housing.
How to Request Reasonable Accommodations?
1. To initiate the process, employees must complete the ICOE- Accommodation Request form and submit it to Human Resources. ICOE Accommodation Request Form COVID-19.
2. Within 10 work days, the employee must provide appropriate documentation from a health care provider confirming the employee’s specific limitations and need for accommodation. During this time, Imperial County Office of Education may temporarily accommodate the employee with an appropriate accommodation pending submission of ICOE Medical Support Questionnaire. Click here for the ICOE Medical Support Questionnaire.
3. A meeting will be scheduled (virtual or in person) to explore reasonable and effective accommodation options and choose an accommodation.
The goal of the interactive process is to allow the employee to perform his or her existing job through a reasonable accommodation. An employee is entitled to a reasonable and effective accommodation – not necessarily the accommodation of his or her choice.
Interactive Process Employee FAQs
We understand these are difficult times and many of our employees may have additional caregiving responsibilities
Those with caregiving responsibilities may be entitled to leave under the federal Family and Medical Leave Act (FMLA).