Prepare Now For The Dates Employees In Need Of Accommodations Will Return To Work
Rightly so, our focus is currently on the universal devastation caused by COVID-19, and the unknown future we face as it decimates multitudes of people daily. This invisible, silent beast moves about, in stealth mode, attaching itself to unknowing suspects without regard to person, nor place. Leaders throughout the world scramble to do all that is humanly possible with intent to minimize the devastation the silent one causes. Front line, essential workers are heroes, as are others who venture out daily, serving humanity. As somber as our days have become, it’s encouraging to also look at the unity and humanitarian deeds provided by those in all walks of life, from the haves to the have nots. Offers of millions of dollars for medical research in hopes of identifying a viable vaccination as soon as possible, various uses of internet platforms to continue to teach students or conduct business meetings, free concerts provided by musicians, church services, exercise marathons to raise money for research, expanded usage of telemedicine, etc. have been presented in creative ways many of us never considered before. As the adage states, “there is something good in every bad situation”. Viewing this from the later perspective, can bring about various levels of balance and hope as we continue to forge onward.
As leaders of organizations that laid off or furloughed individuals, while considering all that is necessary during these unprecedented times, please also carve out blocks of time to begin to think about the future of employees who will return to work with medical notes documenting limitations caused by injuries or illnesses in need of workplace accommodations. Though at the time of this writing, no one knows the date the stay-at-home orders will be lifted, conversation regarding the future of this population of employees must become a topic, if it hasn’t already. Adding to the number of employees accommodated prior to COVID-19, are those who may become injured or ill, while working in essential or work from home capacities currently. Recognizing that not everyone will return with ability to perform the essential functions of their jobs at 100%, what plans have been created to prepare for the vast numbers of accommodations needed on day one?
As a reminder for some and new information for others, protection by the Americans With Disability Act, as amended (ADA) states that one must have a disability defined as “a physical or mental impairment substantially limiting one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title 1 of the ADA, prohibiting private employers, state and local governments, employment agencies, and labor unions from discrimination against qualified applicants and employees with disabilities. Of note, disability refers to temporary and permanent status -- visibly seen and unseen. The purpose of offering a reasonable accommodation is to enable an employee to perform the essential functions of the job in which he or she was hired. Ideally, employers will need to exhaust all avenues to do all that is possible to provide such accommodations unless, the accommodation imposes an undue hardship on the business, there is no alternative reasonable accommodation available or the requested accommodation poses a direct threat to the health or safety of said employee or others.
Once the employee qualifies under the ADA, the next step is to place a call to the employee to engage in the “Interactive Dialogue” to discuss limitations provided by a physician and explore options to accommodate in ways to enable the employee to perform the essential functions of their job. It is required to begin this process in a “timely” manner with “timely” resolution. Additionally, employers will want to adhere to the guidelines stated in their established Return to Work Policies, applying them equally for all employees.
The ability to recognize normal challenges, often arising, through these processes and combining them with the nuances of those recently furloughed, also returning, will create new challenges never seen prior to COVID-19. Important to note, is the fact that some are those may involve employees who previously handled return to work and leave of absence processes. It is critical not to overlook both groups, amid everything else currently being discussed. Keep in mind, some may have been on Leaves of Absence prior to COVID-19 when FMLA eligibility may have been near exhaustion. It is also probable some of these individuals were receiving biweekly temporary total, temporary partial disability or short- or long-term disability benefits; all of which need return to work processes handled with expediency.
When looking at these scenarios from the lenses of employees who want to return, one can imagine the eagerness of those who are ready to restore some type of normalcy to their lives. Many are unaware of who, when and how to contact their employer when accommodations are needed. Additionally, these processes can be overwhelming to an employee. The provision of appropriate accommodations, specific return to work dates and removal from leave of absence, when applicable typically requires partnerships with supervisors, human resources, leave of absence and workers’ compensation teams. Meanwhile, employees who are ready to return, are waiting for confirmation of the next steps.
During my decades of experience leading teams of claims examiners, nurse case manager’s and return to work advisor’s at Macy’s Corporate, I am keenly aware of the need to revisit processes and staffing annually, to identify ways to remove unnecessary touch points that often slow down processes. During my time at Amazon, timeliness was of essence. At times, it’s necessary to retrain and train, for the first time, those who enter positions involved with these processes in an ongoing manner with intent to reduce exorbitant costs resulting from misses or delays in processes. In general, revisiting and creating new processes to minimize or eliminate unnecessary lost time and legal spend is always a goal. Existing processes likely won’t suffice in the new era awaiting the return of these employees. It is imperative to prepare now, rather than later, for the volume of work that is surely to come.
Has your return to work plan been revised to include:
Expectation from the top levels of leadership, that identified realistic goals must be accomplished uniformly and consistently?
Have leaders handling the entire return to work processes aligned? (Workers’ Compensation claims, LOA, RTW, HR)?
Is your technology equipped to permit Claims, RTW and LOA to work in the same system to reduce touch points?
What commitment has been made for adherence to agreed timelines for required processes?
Have past outcomes been audited to identify and acknowledge possible gaps in processes allowing seepage such as delays in engaging in the Interactive Dialogue or in the provision of the actual dates for return to work?
How will you minimize seepage previously causing unnecessary spend? (Indemnity, short and long-term disability)
If prior audit results were good, what areas for improvement have been identified?
How many areas where potential risks could or already have exposed the company to potential EEOC charges or other litigation have been identified? What processes are in place now to minimize these risks?
Who is sharing with front line handlers, the costs associated with these processes versus the actual ROI needed? Has this been presented with intent to get their buy in, early on, through transparent communication?
Has your existing staffing been evaluated? Are there areas in which training is needed? Are the employees who handle the required processes, performing the essential functions of their jobs?
Who is actively asking questions, now, to gain clarity and understanding of situations to build trust with employees needing accommodations?
What types of words are being utilized now, during outreach with employees at home waiting for return to work opportunities with accommodations? Do these employees know they haven’t been forgotten?
Seize opportunities now, to enable your teams to come back stronger and more thorough than prior to the disruption the COVID-19 pandemic has caused your organization. Empower and hold accountable, those on who may have been bystanders previously. Coach them to ensure they understand the magnitude of their roles. Acknowledge that if you as a leader, sees no opportunity for improvement in your organization, you are likely a part of the problem. Now is the time to coach your employees to free them to unleash their maximum growth potential. An all hands-on deck commitment is necessary to create a better and stronger workplace that values all employees, inclusive of those who want to return with accommodations in place enabling them to perform the essential functions of their jobs. Let’s agree, our workplaces must operate differently than prior to the onset of COVID-19. Strategic emphasis on this now, will create a win-win for employers and employees in need of accommodations.
Licia Thompson, CPC, ELI-MP is a certified professional leadership coach and consultant specializing in working with decision makers at companies to streamline complicated ADA return to work processes with intent to create sustainable strategies to decrease lag time from the receipt of medical restrictions to the actual return to work date with accommodations in place for employees with workers’ compensation claims. She has built return to work programs for Macy’s and Bloomingdale’s. During her time at Amazon, she has seen expediency in the processes which adds to successful outcomes. Do you need an objective viewpoint to bridge the gaps between return to work and leave of absence programs to increase R.O.I.? You can find her at www.LiciaThompson.com , Licia@LiciaThompson.com or on LinkedIn.
#Leadership #Culturechange #COVID-19 #ReshapingRTW #ADAguidelines #Workerscompensation #Mindsetchange #InjuredWorkerAdvocacy #Workhuman #Emotionalintellegence #Returntowork