Common use of THE INTERACTIVE PROCESS Clause in Contracts

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: transfer of non-essential job functions to another employee, altering when and how essential functions are performed (restructuring the job), ergonomic adjustments, time off for medical appointments, modification of work tools or equipment, modification of existing facilities, modified work schedule, leaves of absence, reassignment (placement in a vacant position), assistive devices, and assistive animals. 2. An employee may start the interactive process by asking for an accommodation. A request may be made orally or in writing by the employee, or by someone who the employee has authorized to act on his or her behalf. Once the University is informed or becomes aware of the need for an accommodation, the University will coordinate the interactive process. 3. Both the University and the employee will participate in the interactive process in good faith, which includes engaging in timely communications and a willingness to exchange essential information. The employee may have his or her representative participate in this dialogue to facilitate the process, provided that applicable local requirements are met. 4. During the interactive process the University considers information in its possession, including information provided by the employee and/or his/her health care provider, related to: the essential functions of the job; 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. 5. The University will not implement an accommodation that would present an undue hardship for the University. 6. The University will engage in the interactive process and implement accommodations where reasonable and appropriate and in as short a time frame as reasonably possible. The parties recognize, however, that the time necessary to implement a reasonable accommodation will depend on the nature of the accommodation identified and whether the employee has provided sufficient supporting information. 7. Should an employee wish to receive an update as to the status of his/her request, he/she may contact the assigned University representative. The University representative will respond to the employee’s request for updated information within seven (7) calendar days, if practicable. 8. If a reasonable accommodation is implemented, the employee and supervisor (and co-workers, where appropriate) will use best efforts to become familiar with any changes in their roles and responsibilities, so that the accommodation plan may be fully realized. 9. The interactive process is an ongoing obligation. Any changes in circumstances, whether in the employee’s condition or in workplace factors, may warrant a re- evaluation of the reasonable accommodation. If a provided accommodation is not effective or becomes ineffective, the employee will advise the appropriate UC representative. Then, the University and the employee will continue to engage in the interactive process to identify possible alternatives, or additional accommodations. 10. If the University determines that there is not a reasonable accommodation that would enable the employee to perform the essential functions of his/her job, the University shall ascertain the availability of an alternative vacant position for which the employee is qualified and for which the employee can perform the essential functions, with or without reasonable accommodation. The local Disability Manager, Vocational Rehabilitation Counselor, or another appropriate University representative, will assist the disabled employee with his/her alternate job search.