KM Unit – ART. 21: Reasonable Accommodation

ARTICLE 21 – 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 positions. 

A. Interactive Process 

  1. When an employee requests reasonable accommodation for a  disability or the University has reason to believe that a  reasonable accommodation is needed, the parties will engage in  the interactive process, which is an ongoing dialogue between  the employee and appropriate University representatives about  possible options for reasonably accommodating the employee’s  disability.

  2. Options for reasonable accommodation may include but are not  limited to: assistive devices; modification of existing facilities;  restructuring the position to eliminate non-essential job  functions; and leaves of absence.

  3. Both the University representative(s), and the employee are  expected to participate in the interactive process in good faith,  which includes engaging in timely communications regarding  possible reasonable accommodation.

  4. As part of the interactive process, the University will review the  affected employee’s position and will consider relevant  information related to the essential functions of the position; the  employee’s functional limitations; possible accommodations;  the reasonableness of possible accommodations; and issues  related to the 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; accommodations, if  any, to be implemented will be at the sole non arbitrable  discretion of the University. The University will not implement  an accommodation that would present an undue hardship.

  5. The university will process requests for reasonable  accommodation and provide accommodations where reasonable  and appropriate and in as short a time frame as reasonably  possible. 

B. Medical Documentation 

The employee is responsible for providing the University  Accommodation Consultant or other appropriate University  representative with timely medical documentation regarding the  employee’s disability and how it limits the employee’s ability to  perform the essential functions of the position The University may  require that a University- appointed licensed health care provider  examine the employee and/or confirm the documentation provided by the employee. In such a case, the University shall pay the costs of  the University-appointed health care provider. Upon the employee’s  written request, the University will provide to the employee or their  medical provider the employee’s job description and list of essential  functions of the job. 

 

C. Trial Employment 

When recommended by the University Accommodation Consultant,  or other appropriate University representative and approved by the  appropriate University official, a qualified non-probationary career  employee with a disability or a former non-probationary career  employee with a disability may be offered temporary trial  employment in a position within the unit to evaluate the employee’s  interests and abilities. The length of this trial employment shall be  determined by the University Accommodation Consultant in  consultation with the employing department/division head and shall  not exceed one (1) year. Positions used for trial employment shall not  be designated as career. 

D. Special Selection for Other Positions 

If the University determines that a non-probationary career status  employee who becomes disabled cannot be reasonably  accommodated in their current position, a search for an alternative  vacant position for which the employee is qualified with or without  reasonable accommodation will be conducted without the  requirement that the position be posted.

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