Restrictions and Accommodations Manager Training - US Restrictions and Accommodations TBD For Manager Training Purposes Only. Please Do Not Distribute to Non-Management Employees.

Legal Disclaimer Although this is guide is intended to provide Managers with general information regarding restrictions and accommodations, you are encouraged to contact your HR Business Partner as directed within this presentation or if you have any additional questions.

Overview Employees may have personal situations that may limit their ability to perform some aspects of their job. Why does BSC offer accommodations? Foster Employee Engagement - BSC recognizes that employees may have individual needs and provide them opportunities to be successful. Meet Federal and State Requirements – The Federal Americans with Disabilities Act (ADA) and applicable state law require BSC to make reasonable accommodations for disabled individuals where no undue hardship to the employer results. Our policies and programs align with Federal and State requirements. Meet Federal and State Requirements - Title VII requires BSC to reasonably accommodate employees whose sincerely held religious beliefs, practices or observances conflict with work requirements, unless the accommodation would create an undue hardship. It is important for Managers to be familiar and adhere to BSC Restrictions and Accommodations policies and programs.

Scope In Scope: Non-work related medical conditions that may impact a BSC employees ability to perform their job duties Out of Scope: Restrictions as a result of work related incidents are managed by Employee Health and Safety in partnership with the HRBP Contract Worker work restrictions (non-work related and work related) should be managed by their employer Workflex Policy is not the process to be used with accommodation requests

The Americans with Disabilities Act ADA prohibits: Discrimination or retaliation against qualified individuals with a disability ADA requires: Qualified individuals with a disability must be able to perform the essential functions of the job with or without reasonable accommodation Employers to make reasonable accommodations for disabled individuals where no undue hardship to the employer results ADA FAQ Americans with Disabilities Act. (2009). Retrieved from http://www.ada.gov/q&aeng02.htm The ADA prohibits discrimination: Termination Hiring Promotions, transfers, compensation, or training Employment decisions that have an adverse impact Failure to make reasonable accommodation Being associated with or related to an individual with a disability

Disability Must Substantially Limit A Major Life Activity ADA Covers the following: Caring for oneself Performing manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending Speaking Breathing Learning Reading Concentrating Thinking Communicating Working

Examples of ADA Covered Conditions Depression Multiple sclerosis Hepatitis B Muscular dystrophy “Neurological difficulties,” such as dyslexia and other learning disabilities Epilepsy Diabetes Cancer Hearing loss Americans with Disabilities Act Webpage U.S. Equal Employment Opportunity Commission. (2014). Retrieved from http://www.eeoc.gov/laws/types/disability.cfm Americans With Disabilities Act Q & A U.S. Equal Employment Opportunity Commission. (2014). Retrieved from http://www.eeoc.gov/laws/regulations/ada_qa_final_rule.cfm By adding a list of specific activities and “bodily functions” to definition of “major life activity,” some forms of diseases such as epilepsy, diabetes, cancer, hearing loss, depression, multiple sclerosis, mental retardation, Hepatitis B, and muscular dystrophy will be covered under the amended ADA A wide range of “neurological difficulties” such as dyslexia and other learning disabilities may also be covered by the new ADA Perceived or regarded as disabled – don’t play doctor or make assumptions Assume every condition could be covered under the ADA so it’s important to work with HR and not take matters in your own hands

Roles and Responsibilities

Notify Assess Determine Review Steps of Process Notify Assess Determine Review BSC becomes aware of employee circumstances that may require an accommodation Gather information necessary to make a decision regarding an employee’s restriction(s) Decide if employee’s restriction(s) can be reasonably accommodated Track and follow up with the employee on a regular basis

Notify BSC becomes aware of circumstances that an employee may require an accommodation Notifications occur a number of ways: Employee provides doctor’s note with work restrictions Employee notifies manager or HR about work restrictions Manager or HR may perceive that an employee may require an accommodation based on observations or other available information (i.e., lack of productivity) Manager to contact HR to discuss the situation If employee goes to HR directly, then HR will notify Manager of work restrictions We may find out about restrictions a number of different ways. You are on notice when you become aware of any potential work restrictions or limitations so contact HR, as soon as possible.

Assess Gather information necessary to make a decision regarding an employee’s restriction HR reviews situation, assesses documentation and determines if we need additional information from the medical provider If additional documentation is needed, HR provides consent and medical evaluation forms to Employee Employee signs consent form and asks Medical Provider to complete medical evaluation form for HR HR to assess with the Manager whether they can accommodate in the interim until additional information is received or if the employee needs to take time off until we receive the additional information It is the employee’s responsibility to bring forms to medical provider and request that they are completed and returned to employer in a timely manner

Determine HR reviews documentation and determines if we have supportive information for an accommodation HR works with Manager to determine if the business can accommodate the work restrictions If not, then HR works with Manager to find a role outside of current area If there is no work area that can accommodate the Employee’s restrictions then we would recommend that the Employee request a leave of absence If a leave of absence is not approved, then HR will further assess the Employee’s employment status Necessary Documentation: Employee must return the documentation in a timely manner - typically 10 business days If documentation is not received we typically will not accommodate restrictions HR will determine whether the employee should be given more time for medical provider to complete documentation Accommodation is not required if: It is not effective It is not reasonable under the circumstances It would create an undue hardship to BSC Undue hardship is a high standard. It requires that we show that the accommodation involves significant difficulty or expense; is unduly extensive, substantial, or disruptive; or would fundamentally alter the nature of the operation of the business Explain to managers that our obligations may not be triggered by a formal request by the employee. Even though we typically don’t accommodate when documentation is not received, there are situations where we may so work with HR to assess each situation on a case by case basis.

Review Track and follow up with the employee on a regular basis HR logs restriction/accommodation information into local spreadsheet Employee provides updated documentation from medical provider on an annual basis or if a change in work restrictions occurs prior to that date Manager to make HR aware of any changes in restrictions and accommodations (i.e., employee says they no longer require any restrictions or doctor has modified existing restrictions) Lynn to request that each site identify an owner of the spreadsheet if they don’t have one already.

Desktop Guide - Accommodations Notify Employee notifies you or HR about work restrictions You or HR may perceive that an employee may require an accommodation based on observations or other available information (i.e., lack of productivity) You should contact HR to discuss situation (or remove this bullet as noted earlier) Access HR reviews situation, assesses documentation and determines if we need additional information from the medical provider HR to assess with you whether we can accommodate in the interim until additional information is received or if the employee needs to take time off until we receive the additional information Determine HR reviews documentation and determines if we have supportive information for the accommodation request, if not additional information would be requested HR works with you to determine if the business can accommodate the work restrictions; if so, then an effective and reasonable accommodation that meets both the individual and job-related needs would be determined Follow up with employee on whether restrictions are still in place Employee provides updated documentation from medical provider on an annual basis or if a change in work restrictions occurs prior to that date Manager to make HR aware of any changes in restrictions and accommodations (i.e., employee says they no longer require any restrictions or doctor has modified existing restrictions) Review Consult Human Resources… To assist with determining the current job duties, potential modifications to current role and any available jobs that may accommodate the employees restrictions If you are not expected to determine on your own whether a particular accommodation is reasonable or effective If employee requests an accommodation upon return or provides a doctor’s note containing any limitations or propose restrictions

Manager Communication Expectations Many times employees who have restrictions are dealing with a sensitive personal and/or medical situation. Encourage the employee to communicate their individual needs. Remind employee to continue to provide updates on their restrictions. Most importantly, help the employee understand that we care about them and their well being. Avoid making statements or giving the employee the impression that their restrictions negatively impact the business and/or their co-workers. Keep HR informed of any changes or updates on the employees restrictions. As a reminder, treat people how you would expect to be treated when dealing with a sensitive or difficult personal and/or medical situation.

Employee Accommodation Requests - Scenarios Done 1 Marketing Manager requests to work 20 hours a week so that he could attend daily 4 hour group counseling sessions for the next 6 weeks. Product Builder states that her new eye lens implants were affected by lighting in the microscope. R&D Engineer requests to go to a dark room each time she experiences a migraine at work. Customer Service Representative requests time to pray at sunset during Ramadan. 2 3 These are examples for training purposes only. Every real situation must be assessed on a case by case basis. 4

Employee Accommodation Requests Done Scenario 1 Marketing Manager requests to work 20 hours a week so that he could attend daily 4 hour group counseling sessions for the next 6 weeks.

Marketing Manager Marketing Manager brings a note to HR that says he can only work 20 hours a week so that he can attend 4 hour group counseling sessions daily for the next 6 weeks. HR contacts the employee’s manager to discuss work restrictions and next steps. Manager raises concerns about an upcoming product launch and the amount of time the employee will need to be away from work with limited resources. HR talks with the manager about ways to resource the product launch. Manager determines there are other employees that have the bandwidth to help with the launch which will allow for the employee to take the time away from work. HR and manager to let the employee know that we are able to accommodate his request and support his continued care. It’s important to think about your department as a whole rather than individual job responsibilities when considering whether you can accommodate an employee’s restrictions.

Employee Accommodation Requests Done Scenario 2 Product Builder states that her new eye lens implants were affected by lighting in the microscope.

Product Builder Product Builder brings in a doctor’s note to her supervisor stating that her new eye lens implants were affected by lighting in the microscope. Supervisor contacts HR to discuss doctor’s note and next steps. HR contacts employee and requests employee to sign Medical Authorization form and to provide doctor with Medical Evaluation form. Doctor provides requested information: Employee still has corrected vision but it is taking longer than normal to heal due to scarring from the implants. Employee can only work 4 hours per day on microscope for the next 6 months. Her current department requires up to 8 hours per day of inspection so she was transferred to another position at an equivalent level and work area that did not require the use of microscopes. Keep in mind that when an employee transfers to a new work area, that move may be temporary or long-term depending on the employee’s restrictions and the business situation. Transferring the employee and changing her role to an equivalent level position was reasonable because there was another area and position to move her to with minimal business impact.

Employee Accommodation Requests Done Scenario 3 R&D Engineer requests to go to a dark room each time she experiences a migraine at work.

R&D Engineer R&D Engineer has been disappearing for extended periods of time during the work day and co-workers have commented on it to the manager. Manager approaches engineer and confronts her about the situation. Engineer tells her manager that she has been getting migraines while at work so she has been going to a quiet space when this happens. Manager contacts HR to discuss the situation. Manager and HR meet with the employee and request a doctor’s note with specific work restrictions. Employee brings in doctor’s note that says she needs to step away from the work area and seek a dark area to rest her eyes or in some cases she may need to go home for the rest of the day. The frequency of these migraines tends to occur once every 3 months. Manager is able to accommodate this request and HR will work with Environmental Health & Safety to allow the employee to utilize a designated work area as needed. Be sensitive and cautious in judging a particular medical condition without understanding the potential impact to the person that is dealing with the condition.

Employee Accommodation Requests Done Scenario 4 Customer Service Representative requests time to pray at sunset during Ramadan.

Customer Service Representative Customer Service Representative asks his manager for time away from the work area to pray at sunset during Ramadan. Manager contacts HR to discuss the request. Manager, HR and employee meet to discuss the approximate time of day and the amount of time the employee needs to pray each day. They also discuss the duration of this request. Manager is able to accommodate the employees request by allowing him to take his break time during the time of day he needs to pray. The manager and/or HR can further assist the employee by identifying an appropriate location for him to pray in. It’s important to be flexible with break times to allow for the employee to practice their faith during work hours to allow the employee to bring their whole self to work. Be mindful of the timing of various religious celebrations.

Religious Accommodations The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations may include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices. Religious Accommodation Link U.S. Equal Employment Opportunity Commission. (2014). Retrieved from http://www.eeoc.gov/eeoc/newsroom/wysk/workplace_religious_accommodation.cfm

THANK YOU

APPENDIX

Policy Located on PolicyCentral.

ADA Request Form

Medical Authorization Form

Template Letter to Doctor

Medical Evaluation Form