“I have an employee that is asking for a Standing Desk, and we do not have a process or policy to address this, what should I do?” Many of us, receive this request as HR. We want to support the employee, however, when the organization supports this request, there should be a process or policy in to review these requests. There are costs associated with approving this, the American with Disability Act constraints to be aware of, medical accommodation requirements, and an overall employee morale component that goes into deciding if this should be supported or not.
There are many ways to set up a Job Modification process for your organization.
Step 1: Develop a process.
This could be a simple memo that outlines the process you created. It could read something like the following:
EXAMPLE: We are committed to providing every employee with a safe and inclusive work environment. We are committed to working closely with an employee (team member) who cannot perform one (or more) of the essential functions of their job, within reason. We will work with an employee proactively and interactively to identify both the employee’s need for the job modification and the company’s business needs. Once these needs have been specified, we will work with the employee and their medical provider to determine whether they can, without experiencing an undue burden, provide appropriate job modification in a way that would allow them to successfully perform the essential function of the job.
Step 2: Create standard forms for your process.
A best practice is to create a minimum of two (2) forms. These are a Medical / Functions Certification and a Job Modification Request.
Form # 1: Medical / Functional Certification…
This document is needed to provide a document that supports the request of the employee. It is a best practice to have a license or certified person sign this supporting the request. The request should have some reference to the following:
· Mental/physical impairment affirmation.
· General Statement from the certifying person that the employee’s impairment affects their ability to perform their job.
· The duration period of the impairment is defined.
· Recommendation as to the type of accommodation that is requestioning
· Signature or date of the certifying person
Your organization will have some flexibility as to what type of license or certified person is an acceptable source for this recommendation. It can be Medical Doctors certification or a local Yoga Instructor certifying the need for and type of accommodations. It is a best practice to use some license or certificate person.
Form # 2: Modification Request form
· This document needs to clarify what the employee is requesting and why they feel it is necessary to do so.
· This document should include but is not limited to:
· Employee’s Name, contact information, Duty position, and other references to identify who the employee is and what they do.
· A section that outlines the job duties of the employee and how they perform their job.
· A section outlining the request and how it will be used to successfully accommodate the job modification while allowing the employee to continue their specific job duties.
This form is used as your documentation to support the Medical / Functional Certification. With the certification, the Job Modification Request is defendable if ultimately approve or deny the request. Without the Certification, it is a request. Your organization as the approving authority can then use this document if the decision is challenged in the future.
There are many legal references that you need to familiarize yourself with. These include but are not limited to: the American with Disability Act; Genetic Information Nondiscrimination Act of 2008; Titles I and V of the Americans with Disabilities Act of 1990 (ADA). It is always a best practice to consult with legal counsel when developing a program such as this. Knowing the fact and potential risks associated with it will help you make a sound program that allows the company to perform and serve its customers both internally and externally.
