# Presentation: 530374

## Dealing with  Medical Issues in the Workplace

## Objectives

**Understand the most common types of medical issues that managers confront**
**Know why and when medical documentation is needed**

## Objectives cont’d 

**Understand the distinction between requesting and requiring medical documentation or examination**
**Know the requirements in DOT Order 1011.1 and FAA Order 1400.12**

## Manager Responsibilities

**Ensure the safety and health of the workers in the workplace**
**Reasonably accommodate known disabilities unless accommodation creates undue hardship**

## Manager Responsibilities cont'd

**Make genuine effort to find reasonable accommodation **
**Obtain required medical documentation when necessary**

## Employee Responsibilities

**Comply with uniformly-applied standards of conduct and performance**
**Provide medical documentation to support requests for accommodation of a medical problem**

## Employee Responsibilities cont'd

**Cooperate in the accommodation efforts**
**Employer cannot accommodate what it does not know about**

## Common Types of Medical Issues

**Serious or Chronic Medical Condition ****(Employee or Family Member)**
**Temporary Work Restrictions**
**Permanent Work Restrictions**
**Reasonable Accommodation**

## Now What?

**Now What?**

## Questions to Ask...

**Questions to Ask...**

**Why**** does the Agency need the medical information?**

## Medical Documentation Continuum

**Sick/Annual Leave**

**Workers’ Compensation**

**Leave Transfer**

**FMLA**

**Reasonable Accommodation**

**Disability Retirement**

**Family Leave**

**Work   Restrictions**

## Temporary Work Restrictions

**On the job injury**
**Temporary medical restriction**
**Unable to temporarily perform full range of duties**

## Permanent Work Restrictions

**Medical disqualification**
**Physical requirements limitation**
**Workers’ Compensation **
**Mental illness**

## Medical Issues and Leave

**Acceptable medical evidence for sick leave required when:**
- Absence of greater than 3 consecutive workdays*
- Family and Medical Leave
- Leave Recipient
- Leave Restriction

## Leave Abuse

**Scrutinize use of leave and FMLA**
**Look Closely at Sporadic Sick Leave Use**
**Counsel Employee**
**If necessary, require employee to support all sick leave usage with medical documentation**

## Questions to Ask...

**Questions to Ask...**

**What**

**medical information does the Agency need from the employee?**

## Medical Documentation

**Generally not required for obvious disability**
**Must be in writing from acceptable medical practitioner**
**Requests cannot be overly intrusive**
**                   **

## Content of Medical Documentation

**Nature of impairment **
**Duration and degree of limitation(s)**
**How major life activities are affected**

## Content of Medical Documentation cont'd

**Whether employee can perform essential functions of position**
**Suggested accommodation**** **
**Explanation of how accommodation will enable employee to perform essential functions**

## Questions to Ask...

**will receive the medical information from the employee?****  **

**Questions to Ask...**

**Who**

## Release of Medical Information

**Must be guarded – only those with “need to know” should review**
**If necessary, medical release from employee**
**Personal Liability**

## Questions to Ask...

**Where**

**does the agency maintain the information?**

**Questions to Ask...**

## Maintenance of Medical Information

**Aerospace Medicine if employee has medical standards**
**HRMD maintains file if related to leave issue/abuse**

## Questions to Ask...

**does the Agency obtain the medical documentation?**

**Questions to Ask...**

**How**

## Request for Medical Documentation

**In writing**
**Summary of issues that led to request**
**Description of essential functions of position – copy of position description**
**How much time to provide information**
**Obtained at employee’s cost**

## Medical Exams and Inquires

## Medical Exams & Inquires 

_**May ORDER (**__***REQUIRE)***__** if :**_
**Position has medical standards *****OR***** physical requirements **
**Employee has applied for *****OR***** is receiving workers’ compensation**

## Medical Exams & Inquires cont'd

_**May ORDER (**__***REQUIRE)***__** if:**_
**Psychiatric exam after physical exam  indicates no explanation for behavior which affects safe and efficient performance of individual or others**

## Reasonable Accommodation

## Reasonable Accommodation

**Individualized assessment**
**Must offer effective accommodation**
**Does not have to be employee’s accommodation of choice**

## Reasonable Accommodation Request

**Interactive process**
**Informal and flexible**
**Decision Maker – Frontline manager**

## Reasonable Accommodation Request cont’d

**Collaborative Approach involving Human Resources, Aerospace Medicine, Chief Counsel, Civil Rights**
**Specific and Tight Timeframes**

## Initiating the Request

**Request may be oral or written.  If made orally, must confirm request in writing.**
**Made by individual or through a family member, health professional or other designated representative**
**No requirement to use special words**

## Accommodation Process

**Is the employee a “qualified” individual with a disability?**
**Determine essential functions of the job**

## Accommodation Process cont’d

**Determine what accommodations are needed for employee to successfully perform the essential functions of the job**
** ****Provide or deny the accommodation**

## “Qualified” Individual with Disability

**Possesses the necessary skills, education, **
**experience, and other job related**
**requirements**
**                                 ****AND **
**Can perform the *****essential functions of the***
***position***** with or without accommodation**

## Essential Function Characteristics

**Does the job exist to do this function?**
**Can others do this function if necessary?**
**Would job be altered if function eliminated?**

## Essential Function Characteristics cont’d

**Significant consequences if not performed?**
**Others in similar jobs perform the function?**

## Types of Reasonable Accommodation 

**Modifications or adjustments:**
- Job application process
- Work environment
- Manner under which position held is customarily performed
- Ability to enjoy equal benefits and privileges of employees

## Types of Reasonable Accommodation cont’d 

**Making existing facilities readily accessible to and usable by individuals with disabilities**
**Job restructuring**
**Part-time or modified work schedule**

## Types of Reasonable Accommodation cont’d 

**Purchase or modification of equipment or devices**
**Provision of qualified readers or interpreters**

## Mistake #1:  Skipping the Test and only evaluating the accommodation

##  Timeframes

** ****25**** business days from receipt to**
**      ****decision**
- 3 days to inform requestor and begin interactive process
- 2 days to contact Disability Resource Center, if necessary

## Placement Options

**Reassignment **
**Last Resort**
**Interactive Process – Parameters**
**Vacant position now or within 60 days**
**NOT limited to commuting area**

## Placement Options 

**Job search sequence:**

**FAA – commuting area**
**FAA – other geographic areas**
**DOT – modes commuting area**
**DOT – modes, other geographic areas**

## Placement Options

**Lower-graded positions - same**
**	****conditions and sequence as**
**	****reassignment**

## Undue Hardship

**Consultation **_**required**_** with Human**
**Resources, Civil Rights, Chief Counsel**
**and Budget**
**Consideration**

- Nature and Cost
- Impact on Operations
- Final Approval – Secretary of Transportation

## Denial

**Must state reason, any undue               hardship determination, and provide        notice of appeal rights (EEO/grievance)**
**Notify employee of disability retirement option, where appropriate**
**Separate employee for inability to perform the duties of his or her position**** **

## Questions

## Scenario #1

**As a result of a car accident an**
**employee becomes confined to a**
**wheelchair.  **
**Is this an individual with a disability?**
**Must you accommodate if not an undue hardship?**

## Scenario #2

**Is this an individual with a disability?**
**Must you accommodate if not an undue   hardship?**

**An employee surprises you with a doctor’s statement that he has a bad back and wants you to buy a special $2,000 chair. The doctor stated the chair would help alleviate his pain.**

## Scenario #3

**An employee must take medication that**
**results in permanent disqualification from**
**from her job.**
**Is this an individual with a disability?**
**Must you accommodate if not an undue hardship?**

## References:

**Rehabilitation Act of 1973**
**EEOC Enforcement Guidance:**Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
**DOT Order 1011.1 **
- 	Procedures for Processing Reasonable Accommodation Requests by DOT Job Applicants and Employees with Disabilities

## References:

**FAA Order 1400.12, Processing Accommodation Requests for People with Disabilities**
- Report of Action on Reasonable Accommodation Request
**HRPM, EMP 1.14 Internal Assignments**

## Points of Contact 

**Human Resource Management Divisions**
_**[http://](http://intranet.faa.gov/ahr/divisions.cfm)**__**[intranet.faa.gov/ahr/divisions.cfm](http://intranet.faa.gov/ahr/divisions.cfm)**_
**Email:  9-A******-HR-Yes  (substitute region code for **)**
**Office of Civil Rights**
**http://www.faa.gov/acr/ocr/regstaff.htm**