CASES OF DENIAL Sample Clauses

CASES OF DENIAL. EPA is committed to and has a statutory obligation to providing RAs, whenever possible. However, in addition to any case that would cause the Agency undue hardship, EPA may deny a requested accommodation if the X-X determines that the RA would not be effective and that no other accommodation is available to address the limitations of the requesting employee. Before reaching a determination to deny an accommodation request; the X-X and LORAC or NRAC must explore whether any other effective accommodations are available that could be provided to the employee and indicate all alternate RAs that were identified and presented to the employee on the "Final RA Decision" form (Appendix F). Employees must provide sufficient medical information, if requested, that substantiates the applicant or employee has a qualifying disability, what the functional limitation is, and/or why a RA is needed. If the applicant or employee does not provide medical information sufficient to support the need for an RA, the X-X or the NRAC will provide, in writing, the specific medical information as documentation needed to complete the processing of the request. If the employee and/or the health care professional are unable to supply the additional information requested, EPA may deny the request or choose to do one or more of the following:  Respecify to the employee, the medical information needed to complete the processing of the request;  Request that the employee sign a limited medical privacy release form enabling the NRAC, X-X or an Agency physician to contact the employee's health care professional directly to obtain the specific medical information previously requested;  Ask the employee to submit to an independent medical evaluation to obtain the previously requested medical information (2nd opinion exam) by an Agency physician, at EPA's expense; or‌  Make a determination to approve the requested accommodation based on the existing medical information. If the X-X denies the RA request, s/he must complete the attached "Final RA Decision" form (Appendix F) and include a detailed explanation of the reason(s) for the denial. The X-X must also inform the individual denied the accommodation that s/he has the right to choose one of the following processes: informal dispute resolution, file an Equal Employment Opportunity (EEO) complaint, a union grievance under AFGE's Master Collective Bargaining Agreement, and/or may have rights to pursue an appeal with the Merit System Protection...
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Related to CASES OF DENIAL

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