When do you know an employee may have a disability?
There are no magic words. HR Representatives and Supervisors should consider the information below in evaluating what is known about an applicant or employee’s health needs. When a health condition exists, HR Representatives and Supervisors should enter the interactive process and follow the employment accommodation procedures under the link to the right of the page.
From Written Documentation
- The FMLA Health Certification Form, medical note, or doctor’s letter indicates a condition exists and notes limitations of a major life function, i.e., during periods of episode the employee has difficulty with concentration.
- The employee writes in the self evaluation performance document he could have performed better but for the condition or the medications he takes.
- The employee sends you an email stating the stress she has from the job is influencing her Menieres Disease.
- The employee tenders his resignation effective two weeks out which states he is resigning for his health.
- The employee is exhausting FMLA for the calendar year and medical documentation indicates additional continuous leave is required for a duration of 3 months.
- The employee receives conservative treatment for a torn rotator cuff, the physician documents the four month treatment period, if unsuccessful, will be followed by surgery and four months recovery. Although the prognosis is excellent the condition, although not permanent requires restrictions of not using the one arm for two months.
During Verbal Communication
- The employee tells you the work stress affects the fibromyalgia condition.
- The employee discloses he takes medication which controls a seizure disorder, high blood pressure, etc.
- The employee discloses she has a major bodily function limitation (including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions).
- The employee calls stating she has had a skiing accident and will be in a cast for six weeks followed by using crutches for five months, walking is limited for an additional two months.
- The employee informs you he will be absent for several weeks for surgery and will require post operative care for several months. During this time he will need leave from work for treatment which will make him stiff and sore. He tells you this could go on for months.
- The employee tells you her doctor believes that telecommuting would be helpful to her sleep problem.
- The employee asks for a flexible schedule because the Crohn’s Disease symptoms are severe in the mornings.
- The employee discloses to a peer she completed a substance rehabilitation program last year but has recently been drinking.
- The employee was on leave for a mental health condition. He has been released to work without restrictions. Several days after his return he states he is having difficulty focusing and with memory.
- In a discussion about work performance the employee states it may be possible the performance concerns of productivity are caused by the medications she takes for her asthma.
What are HR Representatives and Supervisors responsible to do?
On receipt of information---
- do not question
- assume the condition is a disability
- begin the interactive process
- assure patient safety
Supervisor
Say, “I appreciate your sharing this with me. I will follow up with you after I get the resources I need to best help us move forward.”
HR Unit Representative
Say, “I appreciate your sharing this with me. Do you believe the condition is causing you difficulties in any way?"
If yes say, “Let’s begin the interactive process by obtaining medical information to help us understand your needs.
If no, document that the conversation occurred and the response. Let the employee know that you appreciate the information and to advise you if the situation changes in the future.
Team (Supervisor, HR Unit Rep, Employee, FSDS)-when there are questions of what and how to accommodate, the work need also involves employee absence or employee performance concerns.)
Contact FSDS on receipt of medical documentation to evaluate documentation, condition limitations, determine next steps in accommodation process.
For Example:
- Review/Discuss limitations and influence on job.
- Identify accommodation options.
- Determine an effective and reasonable accommodation.
- Document the accommodation.
- Implement the accommodation.
- Evaluate the accommodation effectiveness regularly with employee.