213 - AMERICANS WITH DISABILITIES ACT (ADA) ACCOMMODATION REQUESTS

 

The purpose of this policy is to ensure compliance with the Americans with Disabilities Act (“ADA”) and related state laws, and to provide a clear process for employees to request leave or other reasonable accommodation for a qualifying disability. The Company is committed to engaging in an interactive process with employees to determine appropriate and reasonable accommodations, which may include leave from work.

The Company does not discriminate against qualified individuals with disabilities and will provide reasonable accommodations, including equipment, scheduling, leaves of absence, etc., to enable employees to perform the essential functions of their job unless doing so would cause undue hardship. An ADA leave is distinct from, but may run concurrently with, other forms of leave such as the Family and Medical Leave Act (FMLA), state family/medical leave, or employer-provided paid time off (PTO).

This policy applies to all employees of the Company, regardless of length of service or position, who may require (including but not limited to) supportive equipment, additional breaks or breaks of longer duration, or a leave as a reasonable accommodation due to a disability as defined under the ADA.

Requesting ADA Accomodation

1. Employee Request

  • An employee may request accomodation in several ways:

    • orally from their supervisor, who will notify the Human Resource Operations and Compliance (“HROC”) department

    • reach out directly to the HROC department

    • or via the Employee Assistance Form (select “Disability Accommodation”).

  • No specific words such as “ADA” or “accommodation” are required; any request for medical leave or time off connected to a medical condition will be treated as a potential ADA accommodation request.

2. Documentation

  • The HROC department may require reasonable medical documentation from a qualified health care provider confirming:

    • The existence of a disability,

    • Functional limitations,

    • The specific need for requested equipment

    • The specific need for leave (intermittent or continuous and the anticipated duration of the leave).

  • Employees will be provided with appropriate medical certification forms and a reasonable deadline for return.

3. Interactive Process

  • The HROC department will initiate and document an interactive process with the employee to:

    • Understand the employee’s limitations and needs,

    • Explore alternatives (if any), and

    • Evaluate the accommodation proposed to ensure there is no undue hardship to the Company.

  • With regard to leave requests, the company will consider extensions of ADA leave if requested, subject to medical documentation and operational feasibility.

4. Coordination with Other Laws

  • If a leave is requested, and the employee is eligible for FMLA or state-mandated leave, ADA leave may run concurrently with such leave.

  • Employees will be informed of how their ADA leave interacts with paid leave banks (e.g., sick leave, PTO) and whether substitution is required or optional.

5. Employer Response

  • HROC will provide a written response to the employee confirming:

    • Approval or denial of the accommodation,

    • The duration and conditions of leave (if a leave is approved),

    • The procedure for any additional requests or adjustments, and

    • The employee’s obligation to provide periodic updates if they are on a leave of absence.

6. Return to Work

  • If on an approved leave, before returning, the employee may be required to submit a fitness-for-duty or return-to-work release if consistent with job duties and business necessity.

  • Upon return, the Company will reinstate the employee to their position or to an equivalent position unless doing so would cause undue hardship.

7. Confidentiality

  • All medical information will be kept confidential and maintained in a file separate from personnel records, in compliance with the ADA and other applicable laws.

8.   Responsibilities

  • Employees: Promptly request accommodation and provide necessary medical documentation. Maintain communication with HROC representative.

  • Managers/Supervisors: Refer any requests for medical leave/accommodation to HROC immediately. Do not independently request or retain medical documentation.

  • The HROC department: Manage the interactive process, maintain records, evaluate undue hardship, and communicate decisions.

9.   Non-Retaliation

The Company strictly prohibits retaliation against any employee for requesting or using leave as a reasonable accommodation under the ADA.