The Interactive Process is a collaborative effort involving the employer and employee to determine if the employee can return to work subsequent to an occupational or non-occupational injury, disease or disorder.
Many employees feel unequipped to navigate the potential minefield that is the Interactive Process. Employers often hire outside consultants who are given the responsibility of managing any requests for reasonable accommodation and facilitating the Interactive Process, as the task can be daunting and the compliance requirements and regulations of this Interactive Process minefield are extensive.
In accordance with the Federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA), employers have an obligation to engage in the Interactive Process in a timely manner and provide a reasonable accommodation for an employee with qualifying disabilities. A reasonable accommodation is one that does not create an undue hardship on the employer.
At Focus on Intervention, providing Interactive Process services typically involves a face-to-face meeting with the employee and representatives for the employer (usually a Human Resource or Risk Manager). The parties bring various ideas to the table regarding return to work opportunities within the employees regular duty position or another available assignment within the company. The parties may agree that a certain aspect of the U&C position can be modified, or alternative work found, to accommodate the employee’s change in capacity.
The outside consultant’s main role is to act as an objective party and facilitate dialog between the employer and employee. Both parties benefit as the employer’s exposure to an ADA or FEHA action is reduced while the employee feels more comfortable having an objective, third-party involved in the process.
Currently available in San Diego, Orange, Los Angeles,
Riverside and San Bernadino counties.
Soon to be expanding to all California locations.
“ Focus On Intervention has been assisting our agency to streamline and formalize our interactive-process meetings for the past two years. All of their representatives are knowledgeable and professional. They have helped to lift the level of this process and our employees are treated with compassion and respect. They are open to continuing to engage with FOI and have reported back to us that they were pleased with the process. A representative from FOI handles setting up the meetings, comes to our location, conducts the meeting with company representatives present and summarizes the meeting in a written report. These reports are very valuable to us in showing that we are engaging in this required process in compliance with federal and state laws. We really appreciate Focus on Intervention. ”