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California ADA Denial


Resources

Flow Charts

FC1001 ADA Accommodation Good Faith – Interactive Meeting Process Overview of the initial Good Faith meeting through decision of whether or not to provide the accommodation
FC1002 ADA Flowchart Overview of ADA Process from request for leave through Conditional Designation and/or Designation
FC1003 ADA Good Faith – Interactive Meeting Diagram outlining how to manage the Good Faith, Interactive Meeting

Leave Diagrams

LD1001 ADA Interactive Process Overview of the steps in the interactive process

Scenarios

SE1001 ADA Scenarios Quick scenarios and their solutions regarding ADA cases

What Do I Do Now – Step by Step Implementation Videos

SS1002 Employee Doesn’t Attend Good Faith Meeting Tips on what to do when your employee does not attend the good faith meeting
SS1005 Employee Not Complying With Medical Certificates Tips on how to handle an employee who does not comply with medical certificate requests

Helpful Checklists

HC1001 ADA Accommodation Good Faith Meeting – Undue Hardship Analysis Checklist Step-by-step list to follow when implementing the ADA Good Faith Meeting process

Forms & Letters

ADA Primary Package

FD1112 ADA Accommodation – Failure to Return to Work Voluntarily Terminated Letter Use this letter when the employee failed to return to work and has not responded to requests for information from your company.
FD1113 ADA Accommodation Ended – Return to Work No Restrictions Use this letter to confirm with the employee that they have been cleared of all restrictions and are expected to complete the essential functions without accommodation.

ADA – Workers’ Compensation (WC)

FD1211 ADA Undue Hardship Inactive Status Workers Compensation Leave Use this letter when it is determined that it is an undue hardship to continue or provide an ADA accommodation, and the employee is designated as eligible for inactive status pending closure of the Workers’ Compensation claim. It also, once again, formally notifies the employee that ADA leave is completely separate from her/his Workers’ Compensation Leave.
NOTE: If you do not have a “Formal” Inactive Status Policy, be sure this letter complies with your Standard Operating Procedure. An Inactive Status policy refers to maintaining an employees’ employment with the company, with no benefits or compensation, in this case pending maximum medical improvement of the employees Workers’ Compensation injury.
FD1212 Workers Compensation Inactive Status Designation Letter – Request for Medical Certificate Use when the accommodation requested has been determined to be an undue hardship, the employee is on leave (inactive status) due to an open Workers’ Compensation claim, however they have not provided an updated medical certificate.
NOTE: If you do not have an Inactive Status Policy this letter is NOT for you.
FD1213 Workers Compensation Not Complying with Medical Certificate Requests – Out of Compliance Use when the employee has not responded to the original request for the updated medical certificate. It also, once again, formally notifies the employee that ADA leave is completely separate from her/his Workers’ Compensation Leave.