ADA Accommodations December 2017
Accommodation Process Overview • • • 2 Accommodation Service Center Accommodation Policy Applicants Pregnancy Job Adjustments Reassignment Return from Leave of Absence Centralized Intake Tools and Resources
Accommodation Teams • Accommodation Service Center (ASC) – Home Office responsible for overseeing the Accommodation in Employment (Medical Related) Policy. • Sedgwick Accommodation Service Center (SASC) – Sedgwick team who has trained with the Accommodation Service Center to review Requests for Accommodation submitted by Walmart associates. • Sedgwick Return from Leave of Absence (RLOA) – Sedgwick team which assists facilities in identifying Job Adjustments which will allow associates on leave to return to work with restrictions. 3
Accommodation in Employment Policy • Goal – To provide associates who have a disability with reasonable accommodations to enable them to perform the essential functions of their jobs, seek new jobs within Walmart, and enjoy the benefits and privileges of employment; and to reasonably accommodate applicants during the hiring process. • Key Terms – Disability means a physical or mental impairment that substantially limits one or more major life activities. It also includes a temporary disability caused by pregnancy. – Reasonable accommodation means a change in policy, practices or the environment which enable an associate with a disability to perform the essential functions of his/her job without creating an undue hardship for the company. – Essential job functions are the fundamental duties of a position: the things a person holding the position must be able to successfully perform with or without an accommodation. 4 – Job adjustments are items that are generally easily achievable and should typically be granted unless doing so would cause a negative impact on operations.
Applicants Requiring Accommodations • Job applicants are not required to disclose any medical conditions for which they may later require an accommodation during the job application process. • Facility management should approve reasonable accommodations to assist applicants with completing the job application process, such as assistance of a job coach or sign-language interpreter. • A job offer should be extended to the best candidate so long as that person has indicated that they are able to perform the essential functions of the position, either with or without accommodation. • Once the job offer has been made and accepted, you can proceed with the interactive process to determine what, if any, accommodation the associate will need to assist him or her in performing the job functions. 5
Pregnancy • The Accommodation in Employment (Medical Related) Policy has been revised effective October 15, 2017, to include the following pregnancy-related language: o If, due to pregnancy, childbirth, breastfeeding or a related condition, you are unable to perform the essential functions of your job with another reasonable accommodation, you may be eligible for Temporary Alternative Duty (TAD). • Temporary Alternative Duty (TAD) is defined as a temporary position or modified job duties. • Ensure that a request for job assistance from an associate due to pregnancy, childbirth, breastfeeding or a related condition is handled under the Accommodation in Employment (Medical Related) Policy. If the associate requires assistance that cannot be provided with a job adjustment, the reasonable accommodation process should be followed. 6
Job Adjustments Management or Human Resources May Grant Job Adjustments (JAs) are items that are generally easily achievable and should typically be granted unless doing so would cause a negative impact on operations. If an associate has a medical condition that is observable or already known, or s/he provides medical documentation establishing a medical condition with a need for accommodation, management or the People Team Manager may grant a JA. Some examples are: • A stool for associates in appropriate areas, or a taller/shorter stool or chair to accommodate physical size. • Exceptions to dress code policy if dress is appropriate to the position and does not pose safety risk. • Use of personal assistive devices (e. g. , walkers, canes, oxygen tanks, etc. ) and purchase of special Personal Protective Equipment (PPE) so long as space and safety allow. • Water bottle or emergency food at work station where guidelines allow. • Accessible long-term parking if associate has obtained a valid disabled parking permit. (Per the Workplace Standards Policy, temporary parking can be approved at the AA’s discretion. ) • Purchase of minor equipment/ergonomic devices that allow associates to continue work 7 (e. g. , floor mats, foot stools for office positions, magnifying glasses, fans, non-latex gloves, cushioned or ergonomic seat covers or chairs, gel wrist pads or ergonomic keyboards, etc. ).
Reassignment Determination • Reassignment will occur only if there is no effective reasonable accommodation that can be provided in the associate’s current job or when an accommodation in their current job would create an undue hardship If a Suitable Position Is Immediately Open: • The placement into an open and vacant position for which he/she is qualified and able to perform the essential functions with or without a reasonable accommodation. • Pay is to be appropriate to the new position. • The reassignment determination identifies suitable reassignment positions for the associate. • Suitable positions include lateral or lowerlevel positions that the associate can perform with their restrictions with or without a reasonable accommodation. If No Suitable Position Is Immediately Open: • ASC will search weekly for a suitable position. • If a position becomes available, ASC will notify the Facility Manager who will communicate a job offer to the associate. • If declined, the associate is terminated (unless the associate files for and is approved for LOA). • The reassignment determination provides up to 12 weeks of reassignment leave during weekly job search. • If the associate rejects a reassignment 8 position, the reassignment leave and job search ends.
Return from Leave of Absence • Associate provides Return to Work Certification to Sedgwick • RLOA team analyzes certification to determine if the associate can RTW with current medical limitations • Claim is escalated to SASC/ASC as needed if associate limitations conflict with the associate’s essential functions • FMLA and Accommodation Leave: • Intermittent Leave of Absence • Leave of Absence Over One Year 9
Accommodation Process Job Adjustment Analysis (Facility) Recognize Need (Facility) 10 HR Benefits Fundamentals Acknowledgement Letter (ASC) Intake Call (ASC) Pre-Determination Process (ASC) Facility Notification Email (ASC) Implement and Tracking (Facility and ASC) Decision & Notification (ASC)
Facility and Associate Responsibilities Recognize Need • Engage associates, asking them how you can help them if they ask or appear in need of assistance • Consider approving Job Adjustment • Associates can skip directly to calling the ASC (855 -489 -1600) Job Adjustment Analysis • Can the associate’s needs be met through a job adjustment? • If not, associate should call ASC (855 -489 -1600) • If HR representative has questions, please call HR Shared Services for advice. (800 -530 -9929) 11 Intake Call • Associates will call ASC to request an accommodation (855 -489 -1600) • Associates will need their WIN • Associates should be allowed to call on the clock
Notification Protocols Facility Notification Email Acknowledgement Letter • ASC will send associates a medical packet via mail or email • Associates will have 20 days to have medical questionnaire and release completed and submitted to ASC 12 • ASC will send an email to the facility regarding the type of accommodation requested and will include the medical packet • Facility input is encouraged Pre-Determination Process • ASC will work directly with associate, facility and health care provider to explore reasonable accommodation options
Determination Protocols Decision and Notification • ASC will send a proposed decision to the facility for review (48 hours) • ASC will communicate a final decision to associates Implement & Tracking • ASC will follow up with the associate and facility on accommodations’ effectiveness • ASC will contact the facility when the accommodation is set to expire • Sedgwick will send a letter to the associate when the accommodation leave is to expire • Facility will implement any approved accommodations; if guidance is needed, call HRSS (800 -530 -9929) 13
Your Responsibilities The People Partner team and management are responsible for: • Recognizing when associates need assistance – Missed work or failure to meet performance expectation due to medical – condition Example – associate is consistently late to work due to morning sickness • Perform a job adjustment analysis and implement in situations you can • Review the ASC-proposed accommodation decision and respond to the ASC promptly • Implement the finalized accommodation If a job adjustment cannot be provided, direct the associate to call the Accommodation Service Center (ASC) at 1 -855 -489 -1600 to request accommodation Monday to Friday from 8: 00 am – 5: 00 pm CST 14
Tools and Resources Online Call Ask ADA - Accommodations Service Accommodation Requests and Status WIRE > Knowledge Center > Policies, Accommodation in Employment (Medical Related) Policy or www. Walmart. One. com • Accommodation Service Center 855 -489 -1600 Policy Questions and Accommodation Implementation Assistance • HR Shared Services 800 -530 -9929 15
Thank you! “We’re all working together; that’s the secret. ” – Sam Walton 16