The Americans with Disabilities Act (ADA) allows employees to request reasonable accommodation in the workplace if they have a qualifying physical or mental disability or impairment. Some disabilities may be present from the employee’s first day on the job, while others arise after a leave of absence following an injury or illness.
Although you may already be familiar with the ADA interactive process, what happens if an employee requests an ADA accommodation when they return to work?
Here’s how to navigate ADA return to work accommodations, including complications that may arise in a remote or hybrid workplace.
ADA return to work accommodations are modifications to an employee’s responsibilities or work environment in order to comply with the Americans with Disabilities Act (ADA). The U.S. Department of Labor provides some examples of ADA accommodations:
ADA accommodations are determined on a case-by-case basis by going through an accommodation process to find a solution that meets the following criteria:
Return to work accommodations differ from other accommodations in that they typically pertain to a new disability or recent medical condition. For example, an employee who was injured in a workplace safety incident may be in need of temporary or permanent accommodation in order to resume their job duties.
The ADA applies to “qualified individuals” working for an employer with at least 15 or more employees. The Equal Employment Opportunity Commission (EEOC) defines a “qualified individual” as someone who is qualified for the job and can fulfill their duties either with or without a workplace accommodation.
The ADA covers physical disabilities, as well as mental health conditions that interfere with major life activities, including PTSD, ADHD, and autism. This means an employee who was injured in a workplace accident could qualify for accommodation due to their physical injury, or for anxiety or PTSD arising from the incident.
Employers can request information from the employee’s health care provider to verify their eligibility for the ADA and their need for the requested accommodation.
Remote or hybrid employees have the same ADA protections as in-person employees, but remote work can present some challenges when it comes to ADA compliance. Is it enough to allow an eligible employee to work from home, or do they need additional accommodations in order to be able to perform their job duties?
“Work at home/telework” can be considered a reasonable accommodation, according to the EEOC: “For some people, that may mean one day a week, two half-days, or every day for a particular period of time.” If you already have a remote work policy, then it may not present an undue hardship to the employer at all.
However, it’s important to distinguish between “working from home” and a leave of absence. If an employee qualifies for a leave of absence under the ADA, then they shouldn’t be expected to work from home while on a leave of absence.
Some accommodation requests arise during the job application process; others only arise when an employee returns to work after an injury or illness. Follow these best practices to support your employees’ well-being and ensure ADA compliance:
First, if an employee experiences an illness or injury, ensure that you provide enough time off for them to recover as required by state or federal employment law. In some cases, they may qualify for leave under the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of leave in a single 12-month period.
Use leave of absence automation software like Pulpstream to manage leave requests, track leave balances, and initiate the return-to-work process. Automation saves your human resources team time and money by streamlining workflows and reducing the likelihood of human error during the leave management process.
The return to work process involves checking in with your absent employee to decide on a return date and request a fitness-for-duty certification from their healthcare provider, if applicable. This may be your first indication that the employee will need an adjustment to their schedule or job responsibilities when they return to work.
Under FMLA return to work guidelines, an employee is entitled to reinstatement in the same role or an equivalent position — but they may be reassigned temporarily or be placed on a light-duty assignment until they’re fully recovered.
If an employee has a permanent injury or impairment, or if their temporary disability is expected to last for an extended period, they may qualify for accommodation. According to Forbes, more than half of ADA accommodation requests are for remote work, while intermittent leave and reduced schedules were close behind.
Employers must consider the accommodation request in good faith, but can propose an alternative type of accommodation, such as a separate workspace or a modified desk or workstation. Even noise-canceling headphones can be an ADA accommodation if they allow an employee to work more comfortably from the office.
If the employer or employee can’t agree on an accommodation program, they may need to get advice from a third party, such as a healthcare provider. The Job Accommodation Network (JAN) has a “Sample Medical Inquiry Form in Response to an Accommodation Request” that employers can use to request medical documentation.
If you request these documents, be sure to comply with the ADA confidentiality rules by storing them separately from other personnel files. Pulpstream’s cloud-based tools allow you to store sensitive documents safely in the cloud; employees can even upload them personally using a self-service portal.
ADA return to work accommodations are often a short-term solution while an employee readjusts to the workplace. But in other cases, they can last indefinitely. Either way, be sure to check in with the employee on a regular basis to ensure the accommodation is still an appropriate fit for both the employee and employer.
Pulpstream’s return to work automation platform helps to facilitate communication with automatic notifications via email and SMS. Plus, our case management tools make it easy to track each accommodation on an individual basis.
As an employer, it’s your responsibility to provide a leave of absence or return to work accommodation if an employee becomes ill or injured in the course of employment. A reasonable accommodation could be anything from a modified work schedule or work environment, to the ability to work from home on an ongoing basis.
Follow the ADA interactive process to agree on a suitable accommodation, and use an ADA return to work management platform like Pulpstream to facilitate the process. Our no-code tools streamline the process for employees and your HR team alike.
Request a free demo today to find out how!