RFRA Medical Interactive Process
HUSD's Medical Interactive Process
When needed to identify or implement an effective, reasonable accommodation for an employee or applicant with a disability, the California Fair Employment and Housing Act (FEHA) requires a timely, good faith, interactive process between an employer or other covered entity and an applicant, employee, or the individual's representative, with a known physical or mental disability or medical condition. Both the employer or other covered entity and the applicant, employee or the individual's representative shall exchange essential information identified below without delay or obstruction of the process. Direct communications between the District and the applicant or employee rather than through third parties are preferred. Where the need for reasonable accommodation is not obvious, the District requires an applicant or employee to obtain and provide reasonable medical documentation from a health care provider.
Reasonable Medical Documentation
The applicant or employee shall cooperate in good faith with the District, including providing reasonable medical documentation to the District. The District will request reasonable medical documentation which includes:
i. The name and credentials of the health care provider
ii. Confirmation of the existence of the disability: That the employee or applicant has a physical or mental condition that limits a major life activity or a medical condition
iii. Functional Limitation: A description of physical or mental limitations that affect a major life activity that must be met to accommodate the employee. Disclosure of the nature of the disability is not required.
iv. The need for reasonable accommodation: A description of why the employee or applicant needs a reasonable accommodation to have an equal opportunity to participate in the application process and to be considered for the job, or to perform the employee's job duties, or to enjoy equal benefits and privileges of employment compared to non-disabled employees.
Insufficient Medical Documentation
If medical documentation is insufficient, does not explain the need for reasonable accommodation, or include a description of the applicant's or employee's functional limitation(s), the District may require an employee to go to an appropriate health care provider of the District’s choice. If the District requires an employee to go to a health care provider of the District’s choice, the District shall pay all costs and allow the employee time off for the visit(s). An employee may use sick leave for the time off. If the medical documentation provided to date does not support any reasonable accommodation, no reasonable accommodation need be offered.
Recertification:
For reasonable accommodations extending beyond one year, the District will request for reasonable medical documentation from a health care provider to substantiate the need for continued reasonable accommodations on a yearly basis.
Confidentiality
Medical information and/or records obtained during the interactive process shall be maintained in medical files by the Interactive Process Coordinator (IPC) for the District, will remain separate from the employee's personnel file, and shall be kept confidential, except that supervisors and managers may be informed of restriction(s) on the work or duties of employees with disabilities and necessary reasonable accommodations.
Interactive Process Coordinator (IPC)
The District's Medical Interactive Process Coordinator (IPC) is Nimish Singh, Workplace Health and Safety Manager. All requests for Reasonable Accommodations are reviewed on an individualized, case by case, basis. Once the Request for Reasonable Accommodations (RFRA) form is completed and submitted, it will be routed to the IPC. The IPC will review the RFRA and the attached reasonable medical documentation from a health care provider and begin the Interactive Process. Once IPC determines that sufficient medical documentation and completed reasonable accommodation request form is received, the IPC will determine the Reasonable Accommodation Committee (RAC) for this individual request. Often, a face to face Medical Interactive Meeting will be scheduled with the RAC where the requestor of the accommodation can request the participation of a Union representative. In the face to face Medical Interactive Meeting, there are often discussions about essential job functions, the functional limitations related to essential job functions, and consultation from the requestor of potential reasonable accommodations. After the meeting, the IPC will additionally investigate, brainstorming, and/or explore all possible and effective reasonable accommodations options that will allow the requestor to enjoy equivalent benefits and privileges of employment. Upon completion of in-depth analysis, the IPC will either make an offer of reasonable accommodation to the requestor or decline the RFRA.
Appeal
In the circumstance that an applicant or employees RFRA is declined or denied, the requestor may request an appeal review with the Assistant Superintendent Human Resources, Kim Watts.