K6 Unit – ART. 31: Reasonable Accommodation/Rehabilitation

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ARTICLE 31
REASONABLE ACCOMMODATION

A. General Provisions

In a manner that is consistent with applicable law, the University provides reasonable accommodation to qualified employees who are disabled, or become disabled and need assistance to perform the essential functions of their jobs. This section shall not be construed as a guarantee of a specific form of accommodation nor shall accommodation in one case establish a precedent for similar or dissimilar circumstances, since all accommodations will be designed specific to the functional abilities of the employee in coordination with the requirements of the job. The interactive process shall be used to determine what, if any, reasonable accommodation will be made.

B. Reasonable Accommodation

An employee who becomes disabled shall be informed of available options for reasonable accommodation and the University’s disability accommodation procedures.

C. The Interactive Process

1. The interactive process is an ongoing dialogue between the employee and appropriate representatives of the University 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 University and the employee are expected to participate in the interactive process in good faith, which includes engaging in timely communications regarding possible reasonable accommodation.

2. During the interactive process, the University considers information related to: the essential functions of the job; the employee’s functional limitations; possible accommodations; the reasonableness of possible accommodations; and implementation of a reasonable accommodation. This information will be used by the University to determine what, if any, reasonable accommodation will be made. While the University will consider the employee’s suggestions regarding which accommodation(s) to implement, the University will determine which accommodations(s) will be implemented.

The University will not implement an accommodation that would present an undue hardship.

3. If necessary, a similar analysis for accommodation shall be conducted of other open positions for which the employee has applied and is otherwise qualified. If requested, a copy of the job analysis will be provided to the employee and Union, if authorized by the employee.

4. Upon request by the employee, an employee’s representative shall participate in the interactive process.

5. University-wide and local procedures provide further guidance on the implementation of the interactive process.

D. Medical Documentation

The employee is responsible for providing medical documentation to assist in understanding the nature of the employee’s functional limitations. Medical documentation must also outline a timeline for the anticipated functional limitation(s). When necessary, the University may require that the employee be examined by a University appointed licensed healthcare provider. In such case, the University shall pay the costs of any medical examinations requested or required by the University.

E. Special Selection for Other Positions

An employee who becomes disabled shall be assigned to a vacant position for which the employee is qualified with or without reasonable accommodation without the requirement that the position be publicized, where such assignment is selected as a reasonable accommodation pursuant to this Article and University-wide and/or local procedures.