Common use of Duty to Accommodate and Modified Work Clause in Contracts

Duty to Accommodate and Modified Work. A. In circumstances where an employee may be unable to perform the regular duties of their position due to mental or physical disability, the employer, the union and the affected employee shall meet to discuss, gather and consider available evidence regarding the existence and nature of a disability. Such meetings are not required in the following circumstances: i. The accommodation request is pertaining only to a temporary reduction in hours with no change in duties. ii. The accommodation request is pertaining only to modified or supplementary equipment. Once the above mentioned meetings have taken place a full summary will be submitted to the Union within two (2) working days. The employer and the union acknowledge that accommodation is a three (3) party process and agree to work together in considering all relevant factors such as issues of undue hardship. Affected employees shall be required to participate fully in this process. B. In circumstances where a meeting is required per 7.13.A, the District shall contact the Union president or designate to arrange a meeting. While such a meeting shall occur prior to an accommodation/modified work plan being finalized (if required), nothing in this article shall prohibit the District from offering, and an employee accepting, modified duties/hours, on a temporary basis, prior to said meeting occurring. If temporary modified duties/hours are accepted, a meeting with the union will occur within three (3) working days of the employee accepting modified duties/hours. C. The parties agree to establish a joint Duty to Accommodate/modified work committee with up to three employer representatives and up to three union representatives. This committee will meet monthly with the purpose of reviewing entrance to, participation in and exit from the Duty to Accommodate/Modified work program.

Duty to Accommodate and Modified Work. A. In circumstances where an employee may be unable to perform the regular duties of their position due to mental or physical disability, the employer, the union and the affected employee shall meet to discuss, gather and consider available evidence regarding the existence and nature of a disability. Such meetings are not required in the following circumstances: i. The accommodation request is pertaining only to a temporary reduction in hours with no change or a temporary modification in duties. ii. The accommodation request is pertaining only to modified or supplementary equipment. Once the above mentioned meetings have taken place a full summary will be submitted to the Union within two (2) working days. The employer and the union acknowledge that accommodation is a three (3) party process and agree to work together in considering all relevant factors such as issues of undue hardship. Affected employees shall be required to participate fully in this process. B. In circumstances where a meeting is required per 7.13.A, the District shall contact the Union president or designate to arrange a meeting. While such a meeting shall occur prior to an accommodation/modified work plan being finalized (if required), nothing in this article shall prohibit the District from offering, and an employee accepting, modified duties/hours, on a temporary basis, prior to said meeting occurring. If temporary modified duties/hours are accepted, a meeting with the union will occur within three (3) working days of the employee accepting modified duties/hours. C. The parties agree to establish a joint Duty to Accommodate/modified work committee with up to three employer representatives and up to three union representatives. This committee will meet monthly with the purpose of reviewing entrance to, participation in and exit from the Duty to Accommodate/Modified work program.