Chapter 3 – Personnel, Training, and Employee Relations

31040.4.5.2 Interactive Process

• The interactive process requires employer and employee flexibility and cooperation to identify appropriate accommodations for qualified individuals with disabilities. The interactive process shall be documented, in writing, by the RTWCReturn To Work Coordinator or any manager or supervisor involved in the process, even if conducted verbally, and shall continue until a RA has been identified and implemented or other resolution has occurred.

• At the employee’s request, a representative of his or her choosing shall be allowed to assist in the interactive process by attending meetings with the employer (or employer representative) convened to explore possible reasonable accommodations to an employee’s disability.

• The assigned RTWCReturn To Work Coordinator shall make every effort to assist the employee by engaging in a timely, good faith, interactive process. The interactive process consists of communications designed to explore whether or not the employee needs an accommodation for the employee’s known functional limitations, to perform the essential functions of the job. As part of the interactive process, and with the employee’s consent, the RTWCReturn To Work Coordinator may send a list of the essential functions of the employee’s position to the employee’s health care provider. Communications between the RTWCReturn To Work Coordinator and the employee requesting RA should be in person, whenever possible, and may include providing an Options Letter to the employee, which identifies information, including but not limited to, RAs, disability benefits, retirement benefits, or leave of absence options. The Options Letter shall be sent to the employee when medical information has been received indicating that the employee may need a RA to perform the essential functions of his or her position.

• If one does not already exist, rapid development of an essential functions list is a critical component of the interactive process. This list facilitates discussion among the supervisor, manager, employee, RTWCReturn To Work Coordinator, OEW, HA, treating health care providers, and/or fitness for duty physicians.

• If the health care provider outlines work restrictions that can be accommodated, the interactive process shall continue and the employee should return to his or her current position with any appropriate RAs. If the requested RA would create an undue hardship for the CDCRCalifornia Department of Corrections and Rehabilitation (as defined in Section 31040.4.3.19), or the employee cannot perform the essential functions of his or her job with the accommodation requested, the interactive process shall continue with the employee to discuss alternatives. The RTWCReturn To Work Coordinator shall consult with the local Labor Relations Analyst, or the Office of Labor Relations for Headquarters employees, as needed, to rule out a conflict between the proposed accommodation and a bargaining unit agreement. An employer is not required to provide the specific accommodation requested by the employee, but has a duty to provide an effective accommodation that is reasonable.

• For those accommodations that cannot be granted initially, RTWCs shall continue the interactive process by communicating with the employee and HA and exploring alternative accommodation opportunities, if any. Alternative accommodations may include, but are not limited to, paid or unpaid leave or transfer/demotion, which are accommodations of last resort when no other accommodation is possible in the employee’s current position. Other options may include disability retirement or medical termination when no accommodation is possible in any CDCRCalifornia Department of Corrections and Rehabilitation position.