FREQUENTLY ASKED QUESTIONS (FAQs) FOR EMPLOYEES

Request a meeting with your supervisor and inform your supervisor you want to explore accommodation. Your supervisor will forward this information, along with any medical documentation, to the HR professional, designated as Department Reasonable Accommodation Coordinator (DRAC), responsible for handling the interactive process, within seven (7) calendar days. If you haven’t already, make an appointment with your medical provider and then submit any medical note stating work restrictions to your supervisor. Please do not disclose diagnosis or include diagnosis information in medical certification(s).

The interactive process is a good faith, on-going communication, between the employee and the County to identify and implement potential reasonable accommodation(s). It is mandatory under both the ADA and FEHA. An employee does not need to use the phrase “reasonable accommodation” to put the employer on notice that an accommodation is being requested. It could be a simple verbal statement from the employee to the employer about a medical need.

The interactive meeting allows the County and employee to discuss the employee’s reasonable accommodation request. Both parties can freely discuss the limitations/restrictions imposed by the medical note as well as contribute their ideas as to how to assist the employee in performing the essential functions of their job.

No. The interactive process may also be triggered when a supervisor observes an employee who appears disoriented or unable to perform their job in a safe manner or when a supervisor is notified by a third party that an employee is having difficulty.

The Reasonable Accommodation Form is used to allow the employee to explain in writing his/her need and to provide suggestions as to how an accommodation can be made. It is a record of the request.

Neither the federal Americans with Disabilities Act (ADA) nor the state Fair Employment and Housing Act require you to disclose a disability. However, an employer is entitled to know if the underlying condition qualifies as a disability that affects a major life activity, and the specific limitations and needs of the employee.

Essential functions are determined on a case-by-case basis based on the specific duties of the position. Employers determine essential functions in a variety of ways: a function is essential if it is the primary reason the job exists; the employer’s judgment; job descriptions; the amount of time performing a certain function. There is an expectation that essential functions will be performed with or without accommodation.

Yes. As required by the County’s policy the DRAC shall arrange to meet with the employee within seven (7) calendar days from receipt of the request. If the employee fails to participate, this could affect the County’s ability to properly accommodate the employee.

In accordance with County policy, the requests should be forwarded to the designated HR professional. The interactive process is initiated as soon as possible, but no later than seven (7) calendar days from when notice is received. More than one meeting may be necessary. A decision on whether an accommodation can be made should be provided to the employee within 30 calendar days of completing the interactive process. If there is a possibility for delays, the supervisor should keep the employee informed. If more information is needed, the employee is expected to obtain such information from their medical provider within 30 days of the request.

Yes, an employee is entitled to have a representative, of their choosing, at the time of the interactive meeting.

The department head, or their designee, determines whether an accommodation can be made and the type of accommodation.

The employer will consider the employee’s preferences but may choose any reasonable accommodation as long as the accommodation is effective. Employers are not required to remove an essential function, endanger the health and safety of the employee or others, or would cause an undue hardship to the employer.

Modifying an employee’s work hours or job duties to the extent that it causes a significant disruption to the employer’s operations. • Providing an unknown amount of time off, with no estimated date of return. (After statutory leaves are exhausted-FMLA/CFRA, etc.) • Changing an employee’s supervisor. • Promoting an employee. • An action that would result in an undue hardship to the employer.

Examples of accommodations may include making existing facilities more accessible, restructuring non-essential duties of a job, utilizing part time or modified work schedules, providing leaves of absence, adjusting or modifying exams, training material or policies, acquiring or modifying equipment, relocating the work area, providing mechanical or electrical aids, and providing time off for medical care, reassignment to a vacant position. (This is typically considered an accommodation of “last resort”.) An accommodation may be reasonable if it does not impose an undue hardship on the employer’s business.

The interactive meeting should take place within 10 working days of an employee giving notice of a need for accommodation. Assuming the request has sufficient information, the employee will be notified of a decision within 20 working days from the date of the interactive meeting. If the employer requires more information, the employee has 30 calendar days to provide the information from the date of request.

All departmental decisions to deny a request for reasonable accommodation are subject to review by the County’s Civil Rights Office Reasonable Accommodation Review Committee (RARC).

No, you cannot be sent home for requesting an accommodation.

Yes, if there is uncertainty as to whether you can be accommodated, you may be sent home and placed on medical leave while the department assesses the request.

If you are unable to work (including unable to be accommodated) due to a medical condition or disability you are paid just like any other absence due to illness. If your disability is work-related, you may be eligible for workers’ compensation temporary disability payments.

Contact the County of Monterey Civil Rights Office at Equal Opportunity Division at (831) 755-5117 or TTY (831) 755-5349 or civilrights@co.monterey.ca.us. You may also contact the Equal Employment Opportunity Commission through this web address http://www.eeoc.gov/contact/index.cfm, or the California Civil Rights Department (formerly DFEH) at Complaint Process | CRD (ca.gov).

Disability-related information, including medical documentation, is treated as confidential, and access to this information is limited to a need-to-know basis. Requests for workplace accommodations and accompanying documentation are kept separate from the personnel file.

No. The employer (supervisor) should monitor the accommodation for its effectiveness. Adjustments or reconsideration of the original accommodation may be necessary for the employer, the employee, or both.

The County cannot purposely or willfully allow you to violate your medical restrictions. For example, if the accommodation is reduced work hours, or a limitation on writing, sitting, standing etc., and the accommodation is ongoing, you must present a new medical note from your provider ending any restrictions that were imposed.