Chapter 3 – Personnel, Training, and Employee Relations

31040.4.5.3 Processing Requests for Reasonable Accommodation

• RAs are processed by the assigned RTWCReturn To Work Coordinator, through the appropriate chain of command, to the HA, in consultation with OEW as needed or required. The RTWCReturn To Work Coordinator can receive requests for RA from the requesting employee or any manager or supervisor who received a request for RA from an employee. The RTWCReturn To Work Coordinator shall review the request for RA and/or medical documentation; work cooperatively with managers and/or supervisors to identify the essential functions of the employee’s position and discuss RA options; and make a recommendation to the HA regarding the request for RA.

• If the existence of a disability and/or the need for a RA is not obvious, upon receipt of a request for RA, the RTWCReturn To Work Coordinator shall require the employee to provide medical documentation verifying: the functional limitations that affect the employee’s ability to perform the essential functions of his or her position; the need for a RA; the estimated duration of the RA; and the health care provider’s expertise to certify the employee’s functional limitations and the need for a RA.

• Upon receipt of a request for RA due to pregnancy, the RTWCReturn To Work Coordinator shall require the employee to provide medical certification from her health care provider containing: a description of the requested accommodation; a statement describing the advisability of the RA; the date upon which the need for the RA will become medically advisable; and the estimated duration of the RA. For peace officers, and other classifications that may be required to wear a protective vest, a vest re-fit may be necessary during the employee’s pregnancy.

• A qualified individual with a disability is entitled to a RA, which may include reassignment to a vacant, budgeted position over other applicants and existing employees, when no accommodation is possible in the employee’s current position; however, when considering a reassignment or other RA, the CDCRCalifornia Department of Corrections and Rehabilitation is not required to:

  • Waive the essential functions of the job/classification;

  • Reduce or transfer the employee’s workload involving essential functions to another employee;

  • Create additional employment that would not otherwise have been created;

  • Discharge another employee;

  • Violate the terms of a collective bargaining agreement or Memorandum of Understanding, including post and bid rules;

  • Transfer another employee to create a vacancy for a disabled employee;

  • Promote or transfer any employee who is not qualified to perform the new job and/or who otherwise does not meet civil service requirements or minimum qualifications for such position; or

  • Provide an accommodation, if the accommodation creates an undue hardship for the CDCRCalifornia Department of Corrections and Rehabilitation.

• RAs shall first be considered within the employee’s current position without waiving the essential functions of the job. A RA may include the transfer of the employee to a vacant and budgeted, less strenuous or hazardous position, within the same classification, where the employee is still capable of performing all of the essential functions of his or her classification, when called upon to do so. A RA also can consist of job restructuring, which may include, but is not limited to, reallocation or redistribution of non-essential job functions in a position with multiple responsibilities.

• If an employee requests a transfer to a less strenuous and/or hazardous position, and a vacant, budgeted position within the same classification does not exist that can accommodate the employee’s restrictions, the employee may elect to continue working in his or her present position, performing all the essential functions of the position, with or without an accommodation, or take leave utilizing his or her own leave credits. The RTWCReturn To Work Coordinator will refer employees to the FMLA Coordinator to discuss potential eligibility for protected leave under FMLA or CFRA, or if pregnant, to the Personnel Office for information on Pregnancy Disability Leave entitlements.

• If a RA within the employee’s current classification is not possible, alternate placement, in the form of a transfer or demotion, shall be considered as a RA of last resort. The interactive process shall occur prior to considering alternate placement; and this accommodation shall only be considered after all possible accommodations within the employee’s same classification have been explored.

• A transfer or demotion shall be considered if:

  • The employee can no longer perform the essential functions of his or her current position or classification, either with or without a RA;

  • CDCRCalifornia Department of Corrections and Rehabilitation cannot provide a RA in the current classification without undue hardship; or

  • There are no vacant, budgeted positions in the employee’s current classification for which the employee is qualified and can perform the essential functions either with or without a RA.

• Prior to transferring or demoting an employee, as an accommodation of last resort, documentation (including but not limited to, the employee’s request for RA, documentation of the interactive process, medical reports, a list of essential functions, the employee’s current qualifications, State Application, and resume) must be submitted to OEW for approval and processing. The employee shall meet the minimum qualifications of any proposed position and must be able to perform the essential functions of the proposed position either with or without a RA. Transfers and demotions (except those that occur in compliance with USERRA) shall not result in a salary increase for the affected employee. However, CDCRCalifornia Department of Corrections and Rehabilitation is required to attempt to place the employee in the highest paid, vacant, budgeted position for which the employee meets the minimum qualifications.

• If the transfer or demotion is involuntary, the employee shall be given written notice of the medical action and appeal rights, at least 15 calendar days prior to the effective date of the transfer or demotion. (Government Code, Section 19253.5.)