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Reasonable Accommodation

    Title:

    Reasonable Accommodation

    Publication date:

    10/5/2015

    Effective date:

    2/17/2005

    BRIEF

    Policy Summary

    Berkeley Lab provides reasonable accommodation to otherwise qualified employees who are disabled or become disabled and need assistance to perform the essential functions of their positions. The interactive process shall be used to determine what, if any, reasonable accommodation will be made.

    Who Should Read This Policy

    All employees and job applicants

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    Title:

    Reasonable Accommodation

    Publication date:

    10/5/2015

    Effective date:

    2/17/2005

    POLICY

    A. Purpose

    Berkeley Lab provides reasonable accommodation to otherwise qualified employees who are disabled or become disabled and need assistance to perform the essential functions of their positions. The interactive process shall be used to determine what, if any, reasonable accommodation will be made.

    B. Persons Affected

    All employees and job applicants

    C. Exceptions

    Requests for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, approval by the Chief Human Resources and Diversity Officer (CHRO). Depending on the circumstances, some exceptions may require University of California Office of the President (UCOP) and/or Department of Energy (DOE) approval.

    D. Policy Statement

    1. General. The Laboratory provides reasonable accommodation to otherwise qualified employees who are disabled or become disabled, and need assistance to perform the essential functions of their position. The interactive process shall be used to determine what, if any, reasonable accommodation will be made.
    2. The Interactive Process
      1. The interactive process is an ongoing dialogue between the employee and appropriate representatives of the Laboratory about possible options for reasonably accommodating the employee's disability. Options may include, but are not limited to, a modified work schedule, a leave of absence, reassignment, modified equipment, assistive devices, modification of existing facilities, and restructuring the job. Both the Laboratory and the employee are expected to participate in the interactive process.
      2. During the interactive process, the Laboratory considers information related to: the essential functions of the job, functional limitations, possible accommodations, the reasonableness of possible accommodations, and implementation of a reasonable accommodation.
      3. University and Laboratory procedures provide further guidance on the implementation of the interactive process.
    3. Medical Documentation. The employee is responsible for providing medical documentation to assist in understanding the nature of the employee's functional limitations. When necessary, the Laboratory may require that the employee be examined by a Laboratory-appointed licensed health care provider. In such a case, the Laboratory shall pay the costs of any medical examinations requested or required by the Laboratory.
    4. Special Selection. Any employee who becomes disabled may be selected for a position that has not been publicized. (See Section D.5.g of this policy.)
    5. Recruitment. Recruitment is not required when a position is to be filled by:
      1. Demotion or lateral transfer of an employee within the same division or department
      2. Reassignment of an incumbent employee without a change in general job duties, responsibilities, or classification within the same division or department

      3. Lateral transfer of an incumbent employee to another division or department as a result of a reorganization, including the transfer of the budgetary provisions for the employee

      4. Recall or preferential rehire of a career employee who has been laid off or received formal notice of layoff

      5. Transfer of a career employee in accordance with the Reduction in Force policy in order to avoid a layoff

      6. Transfer or re-employment of an employee in accordance with the Reasonable Accommodation policy, the Medical Separation policy, the Pregnancy Disability Leave policy, or the Family Care and Medical Leave policy

      7. Appointment of a qualified employee who has become disabled to a vacant position for which the employee meets the minimum job qualifications

    E. Roles and Responsibilities

    Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

    F. Definitions/Acronyms

    None

    G. Recordkeeping Requirements

    Documentation of the interactive process with the employee with a disability shall be maintained by the Return-to-Work/Americans with Disabilities Act Coordinator. All documentation records shall be confidential and shared only on as-needed basis with involved or interested parties.

    H. Implementing Documents

    None

    I. Contact Information

    For more information, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    0

    M. Bello

    Re-write for wiki (brief)

    All

    Minor

    10/5/2015

    1

    L. Westphal

    Re-write for wiki (policy)

    All

    Minor

    DOCUMENT INFORMATION

    Title:

    Reasonable Accommodation

    Document number

    02.02.004.000

    Revision number

    1

    Publication date:

    10/5/2015

    Effective date:

    2/17/2005

    Next review date:

    10/5/2018

    Policy Area:

    Work Environment

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    none

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Section 2.01(D)

    Source Requirements Documents

    • California Labor Code Section 1205, Time off for Voluntary Drug or Alcohol Rehabilitation Programs
    • California Fair Employment and Housing Act (FEHA)
    • California Government Code §12940(m)
    • Americans With Disabilities Act of 1990
    • The Rehabilitation Act of 1973
    • University of California Personnel Policies for Staff Members (PPSM) 81, Reasonable Accommodation
    • University of California Guidelines for Academic and Staff Affirmative Action Compliance Programs for Minorities and Women, Individuals with Disabilities, Covered Veterans

    Implementing Documents

    None

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