Common use of REASONABLE ACCOMMODATION AND DISABILITY SEPARATION Clause in Contracts

REASONABLE ACCOMMODATION AND DISABILITY SEPARATION. Disability Accommodations 29.1 The Employer and the Association will comply with all relevant federal and state laws, regulations and executive orders providing reasonable accommodations to qualified individuals with disabilities. 29.2 An employee who believes that they suffer a disability and requires a reasonable accommodation to perform the essential functions of their position may request such an accommodation by submitting a request to the agency. The Employer will acknowledge receipt of the request for reasonable accommodation and will determine whether an employee is eligible for a reasonable accommodation and the final form of any accommodation to be provided. The Employer will begin processing a reasonable accommodation request within thirty (30) calendar days. 29.3 Employees requesting accommodation must cooperate with the agency in discussing the need for and possible form of any accommodation. The Agency may 29.4 The Agency will determine whether an employee is eligible for a reasonable accommodation and the final form of any accommodation to be provided. A status update will be given to the employee within thirty (30) days of the submittal of the request and each thirty (30) days thereafter. Safety Accommodations 29.5 An employee may request a reasonable safety accommodation if the employee or the employee’s family member is a victim of domestic violence, sexual assault or stalking (victim). An employee may be required to show verification of the need for a safety accommodation by providing a police report showing the employee or family member was a victim, a court order protecting or separating the victim from the perpetrator of the act, or other evidence from the court or the prosecuting attorney to support the request. Documentation from an advocate for victims, an attorney, a member of the clergy or a medical or other professional who provides services to such victims may be provided, but it shall retain its confidential or privileged nature of communication pursuant to state law. An employee can also provide a written statement that they or a family member are a victim and in need of the safety accommodation. Verification of the familial relationship to the victim can be in the form of a statement from the employee, a birth certificate, court document, or other similar documentation. 29.6 A reasonable safety accommodation may include, but is not limited to: a. A transfer, reassignment, modified schedule, changed work telephone number, changed work email address, changed workstation, installed lock, implemented safety procedure, or any other adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, or stalking. b. Leave pursuant to Article 13 and Article 18 may be considered a reasonable safety accommodation. c. The Employer may deny a reasonable safety accommodation request based on an undue hardship, which means an action requiring significant difficulty or expense. 29.7 For purposes of this section, “pregnancy” includes the employee’s pregnancy and pregnancy related health condition. 29.8 A pregnant employee may request a reasonable accommodation, which may include any of the following: a. Providing more frequent, longer, or flexible restroom breaks; b. Modifying a no food or drink policy; c. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee’s work station; d. Providing seating or allowing the employee to sit more frequently if her job requires her to stand; e. Providing for a temporary transfer to a less strenuous or less hazardous position; f. Providing assistance with manual labor and limits on lifting; g. Scheduling flexibility for prenatal visits; and h. Any further pregnancy accommodation an employee may request, and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the attending health care provider of the employee. 29.9 The employer may deny a reasonable pregnancy related accommodation cased on undue hardship is the requested accommodation requires significant difficulty or expense. An employer may not claim undue hardship for the accommodations listed above in (29.8) (a), (b) and (d), or for limits on lifting over seventeen pounds, and the employer may not request written certification for those same accommodation requests. 29.10 The employer will not require a pregnant employee to take leave if another reasonable accommodation can be provided. 29.11 An employer, except for the limitations in (29.9) above, can require the employee to provide written certification from her treating health care professional regarding the need for a reasonable accommodation. 29.12 An employer does not have to create a position for an employee asking for a pregnancy accommodation or transfer a less senior employee, or promote the pregnant employee as part of a reasonable accommodation. Disability Separation 29.13 An employee with permanent status may be separated from service when the agency determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the agency based on an employee’s written request for disability separation or after obtaining a written statement from a physician or licensed mental health professional. The Agency can require an employee to obtain an independent medical examination at the agency’s expense, including paid time, from a physician 29.14 The Agency may separate an employee after providing at least three (3) working days’ notice when the agency has medical documentation of the employee’s disability and has determined that the employee cannot be reasonably accommodated in any available position, or when the employee requests separation due to disability. 29.15 An employee separated due to disability, will be placed in the General Government Transition Pool Program if the employee submits a written request for reemployment and has met the reemployment requirements of WAC 000-00-000 through -105. Employees participating in the transition pool program shall have no right of appeal within the program.

REASONABLE ACCOMMODATION AND DISABILITY SEPARATION. Disability AccommodationsAccommodations‌ 29.1 The Employer and the Association will comply with all relevant federal and state laws, regulations and executive orders providing reasonable accommodations to qualified individuals with disabilities. 29.2 An employee who believes that they suffer a disability and requires a reasonable accommodation to perform the essential functions of their position may request such an accommodation by submitting a request to the agency. The Employer will acknowledge receipt of the request for reasonable accommodation and will determine whether an employee is eligible for a reasonable accommodation and the final form of any accommodation to be provided. The Employer will begin processing a reasonable accommodation request within thirty (30) calendar days. 29.3 Employees requesting accommodation must cooperate with the agency in discussing the need for and possible form of any accommodation. The Agency maymay require supporting medical documentation and may require the employee to obtain a second medical opinion at agency expense. Medical information disclosed to the agency will be kept confidential. 29.4 The Agency will determine whether an employee is eligible for a reasonable accommodation and the final form of any accommodation to be provided. A status update will be given to the employee within thirty (30) days of the submittal of the request and each thirty (30) days thereafter. Safety Accommodations. 29.5 An employee may request a reasonable safety accommodation if the employee or the employee’s family member is a victim of domestic violence, sexual assault or stalking (victim). An employee may be required to show verification of the need for a safety accommodation by providing a police report showing the employee or family member was a victim, a court order protecting or separating the victim from the perpetrator of the act, or other evidence from the court or the prosecuting attorney to support the request. Documentation from an advocate for victims, an attorney, a member of the clergy or a medical or other professional who provides services to such victims may be provided, but it shall retain its confidential or privileged nature of communication pursuant to state law. An employee can also provide a written statement that they or a family member are a victim and in need of the safety accommodation. Verification of the familial relationship to the victim can be in the form of a statement from the employee, a birth certificate, court document, or other similar documentation. 29.6 A reasonable safety accommodation may include, but is not limited to: a. A transfer, reassignment, modified schedule, changed work telephone number, changed work email address, changed workstation, installed lock, implemented safety procedure, or any other adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, or stalking. b. Leave pursuant to Article 13 and Article 18 may be considered a reasonable safety accommodation. c. The Employer may deny a reasonable safety accommodation request based on an undue hardship, which means an action requiring significant difficulty or expense.. Pregnancy Accommodations‌ 29.7 For purposes of this section, “pregnancy” includes the employee’s pregnancy and pregnancy related health condition. 29.8 A pregnant employee may request a reasonable accommodation, which may include any of the following: a. Providing more frequent, longer, or flexible restroom breaks; b. Modifying a no food or drink policy; c. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee’s work station; d. Providing seating or allowing the employee to sit more frequently if her job requires her to stand; e. Providing for a temporary transfer to a less strenuous or less hazardous position; f. Providing assistance with manual labor and limits on lifting; g. Scheduling flexibility for prenatal visits; and h. Any further pregnancy accommodation an employee may request, and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the attending health care provider of the employee. 29.9 The employer may deny a reasonable pregnancy related accommodation cased on undue hardship is the requested accommodation requires significant difficulty or expense. An employer may not claim undue hardship for the accommodations listed above in (29.8) (a), (b) and (d), or for limits on lifting over seventeen pounds, and the employer may not request written certification for those same accommodation requests. 29.10 The employer will not require a pregnant employee to take leave if another reasonable accommodation can be provided. 29.11 An employer, except for the limitations in (29.9) above, can require the employee to provide written certification from her treating health care professional regarding the need for a reasonable accommodation. 29.12 An employer does not have to create a position for an employee asking for a pregnancy accommodation or transfer a less senior employee, or promote the pregnant employee as part of a reasonable accommodation. Disability Separation. 29.13 An employee with permanent status may be separated from service when the agency determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the agency based on an employee’s written request for disability separation or after obtaining a written statement from a physician or licensed mental health professional. The Agency can require an employee to obtain an independent medical examination at the agency’s expense, including paid time, from a physician or licensed mental health professional of the agency’s choice. Evidence may be requested from the physician or licensed mental health professional regarding the employee’s limitations. An employee may elect to have a second medical examination, at the employee’s expense, if the employee disagrees with the results of the agency’s physician’s exam. The employee must use approved leave for the second exam. If the employee elects to have a second medical examination, the Agency will give the employee a copy of the documentation provided to the physician or licensed mental health professional that performed the original independent medical examination. The results of the second (2nd) examination will be taken into consideration when making an accommodation or disability separation determination. 29.14 The Agency may separate an employee after providing at least three (3) working days’ notice when the agency has medical documentation of the employee’s disability and has determined that the employee cannot be reasonably accommodated in any available position, or when the employee requests separation due to disability. 29.15 An employee separated due to disability, will be placed in the General Government Transition Pool Program if the employee submits a written request for reemployment and has met the reemployment requirements of WAC 000-00-000 through -105. Employees participating in the transition pool program shall have no right of appeal within the program.

REASONABLE ACCOMMODATION AND DISABILITY SEPARATION. Disability AccommodationsAccommodations‌ 29.1 The Employer and the Association will comply with all relevant federal and state laws, regulations and executive orders providing reasonable accommodations to qualified individuals with disabilities. 29.2 An employee who believes that they suffer a disability and requires a reasonable accommodation to perform the essential functions of their position may request such an accommodation by submitting a request to the agency. The Employer will acknowledge receipt of the request for reasonable accommodation and will determine whether an employee is eligible for a reasonable accommodation and the final form of any accommodation to be provided. The Employer will begin processing a reasonable accommodation request within thirty (30) calendar days. 29.3 Employees requesting accommodation must cooperate with the agency in discussing the need for and possible form of any accommodation. The Agency maymay require supporting medical documentation and may require the employee to obtain a second medical opinion at agency expense. Medical information disclosed to the agency will be kept confidential. 29.4 The Agency will determine whether an employee is eligible for a reasonable accommodation and the final form of any accommodation to be provided. A status update will be given to the employee within thirty (30) days of the submittal of the request and each thirty (30) days thereafter. Safety Accommodations. 29.5 An employee may request a reasonable safety accommodation if the employee or the employee’s family member is a victim of domestic violence, sexual assault or stalking (victim). An employee may be required to show verification of the need for a safety accommodation by providing a police report showing the employee or family member was a victim, a court order protecting or separating the victim from the perpetrator of the act, or other evidence from the court or the prosecuting attorney to support the request. Documentation from an advocate for victims, an attorney, a member of the clergy or a medical or other professional who provides services to such victims may be provided, but it shall retain its confidential or privileged nature of communication pursuant to state law. An employee can also provide a written statement that they or a family member are a victim and in need of the safety accommodation. Verification of the familial relationship to the victim can be in the form of a statement from the employee, a birth certificate, court document, or other similar documentation. 29.6 A reasonable safety accommodation may include, but is not limited to: a. A transfer, reassignment, modified schedule, changed work telephone number, changed work email address, changed workstation, installed lock, implemented safety procedure, or any other adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, or stalking. b. Leave pursuant to Article 13 and Article 18 may be considered a reasonable safety accommodation. c. The Employer may deny a reasonable safety accommodation request based on an undue hardship, which means an action requiring significant difficulty or expense.. Pregnancy Accommodations‌ 29.7 For purposes of this section, “pregnancy” includes the employee’s pregnancy and pregnancy related health condition. 29.8 A pregnant employee may request a reasonable accommodation, which may include any of the following: a. Providing more frequent, longer, or flexible restroom breaks; b. Modifying a no food or drink policy; c. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee’s work station; d. Providing seating or allowing the employee to sit more frequently if her job requires her to stand; e. Providing for a temporary transfer to a less strenuous or less hazardous position; f. Providing assistance with manual labor and limits on lifting; g. Scheduling flexibility for prenatal visits; and h. Any further pregnancy accommodation an employee may request, and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the attending health care provider of the employee. 29.9 The employer may deny a reasonable pregnancy related accommodation cased on undue hardship is the requested accommodation requires significant difficulty or expense. An employer may not claim undue hardship for the accommodations listed above in (29.8) (a), (b) and (d), or for limits on lifting over seventeen pounds, and the employer may not request written certification for those same accommodation requests. 29.10 The employer will not require a pregnant employee to take leave if another reasonable accommodation can be provided. 29.11 An employer, except for the limitations in (29.9) above, can require the employee to provide written certification from her treating health care professional regarding the need for a reasonable accommodation. 29.12 An employer does not have to create a position for an employee asking for a pregnancy accommodation or transfer a less senior employee, or promote the pregnant employee as part of a reasonable accommodation. Disability Separation. 29.13 An employee with permanent status may be separated from service when the agency determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the agency based on an employee’s written request for disability separation or after obtaining a written statement from a physician or licensed mental health professional. The Agency can require an employee to obtain an independent medical examination at the agency’s expense, including paid time, from a physician or licensed mental health professional of the agency’s choice. Evidence may be requested from the physician or licensed mental health professional regarding the employee’s limitations. An employee may elect to have a second medical examination, at the employee’s expense, if the employee disagrees with the results of the agency’s physician’s exam. The employee must use approved leave for the second exam. If the employee elects to have a second medical examination, the Agency will give the employee a copy of the documentation provided to the physician or licensed mental health professional that performed the original independent medical examination. The results of the second (2nd) examination will 29.14 The Agency may separate an employee after providing at least three (3) working days’ notice when the agency has medical documentation of the employee’s disability and has determined that the employee cannot be reasonably accommodated in any available position, or when the employee requests separation due to disability. 29.15 An employee separated due to disability, will be placed in the General Government Transition Pool Program if the employee submits a written request for reemployment and has met the reemployment requirements of WAC 000-00-000 through -105. Employees participating in the transition pool program shall have no right of appeal within the program.

REASONABLE ACCOMMODATION AND DISABILITY SEPARATION. Disability AccommodationsAccommodations‌ 29.1 The Employer and the Association will comply with all relevant federal and state laws, regulations and executive orders providing reasonable accommodations to qualified individuals with disabilities. 29.2 An employee who believes that they suffer a disability and requires a reasonable accommodation to perform the essential functions of their position may request such an accommodation by submitting a request to the agency. The Employer will acknowledge receipt of the request for reasonable accommodation and will determine whether an employee is eligible for a reasonable accommodation and the final form of any accommodation to be provided. The Employer will begin processing a reasonable accommodation request within thirty (30) calendar days.request 29.3 Employees requesting accommodation must cooperate with the agency in discussing the need for and possible form of any accommodation. The Agency maymay require supporting medical documentation and may require the employee to obtain a second medical opinion at agency expense. Medical information disclosed to the agency will be kept confidential. 29.4 The Agency will determine whether an employee is eligible for a reasonable accommodation and the final form of any accommodation to be provided. A status update will be given to the employee within thirty (30) days of the submittal of the request and each thirty (30) days thereafter. Safety Accommodations. 29.5 An employee may request a reasonable safety accommodation if the employee or the employee’s family member is a victim of domestic violence, sexual assault or stalking (victim). An employee may be required to show verification of the need for a safety accommodation by providing a police report showing the employee or family member was a victim, a court order protecting or separating the victim from the perpetrator of the act, or other evidence from the court or the prosecuting attorney to support the request. Documentation from an advocate for victims, an attorney, a member of the clergy or a medical or other professional who provides services to such victims may be provided, but it shall retain its confidential or privileged nature of communication pursuant to state law. An employee can also provide a written statement that they or a family member are a victim and in need of the safety accommodation. Verification of the familial relationship to the victim can be in the form of a statement from the employee, a birth certificate, court document, or other similar documentation. 29.6 A reasonable safety accommodation may include, but is not limited to: a. A transfer, reassignment, modified schedule, changed work telephone number, changed work email address, changed workstation, installed lock, implemented safety procedure, or any other adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, or stalking. b. Leave pursuant to Article 13 and Article 18 may be considered a reasonable safety accommodation. c. The Employer may deny a reasonable safety accommodation request based on an undue hardship, which means an action requiring significant difficulty or expense.. Pregnancy Accommodations‌ 29.7 For purposes of this sectionSection, “pregnancy” includes the employee’s pregnancy and pregnancy related health condition. 29.8 A pregnant employee may request a reasonable accommodation, which may include any of the following: a. Providing more frequent, longer, or flexible restroom breaks; b. Modifying a no food or drink policy; c. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee’s work station; d. Providing seating or allowing the employee to sit more frequently if her job requires her to stand; e. Providing for a temporary transfer to a less strenuous or less hazardous position; f. Providing assistance with manual labor and limits on lifting; g. Scheduling flexibility for prenatal visits; and h. Any further pregnancy accommodation an employee may request, and to which an employer Employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the attending health care provider of the employee. 29.9 The employer Employer may deny a reasonable pregnancy related accommodation cased on undue hardship is the requested accommodation requires significant difficulty or expense. An employer Employer may not claim undue hardship for the accommodations listed above in (29.8) (a), (b) and (d), or for limits on lifting over seventeen pounds, and the employer Employer may not request written certification for those same accommodation requests. 29.10 The employer Employer will not require a pregnant employee to take leave if another reasonable accommodation can be provided. 29.11 An employerEmployer, except for the limitations in (29.9) above, can require the employee to provide written certification from her treating health care professional regarding the need for a reasonable accommodation. 29.12 An employer Employer does not have to create a position for an employee asking for a pregnancy accommodation or transfer a less senior employee, or promote the pregnant employee as part of a reasonable accommodation. Disability Separation. 29.13 An employee with permanent status may be separated from service when the agency determines that the employee is unable to perform the essential functions of the employee’s position due to a mental, sensory, or physical disability, which cannot be reasonably accommodated. Determinations of disability may be made by the agency based on an employee’s written request for disability separation or after obtaining a written statement from a physician or licensed mental health professional. The Agency can require an employee to obtain an independent medical examination at the agency’s expense, including paid time, from a physician or licensed mental health professional of the agency’s choice. Evidence may be requested from the physician or licensed mental health professional regarding the employee’s limitations. An employee may elect to have a second medical examination, at the employee’s expense, if the employee disagrees with the results of the agency’s physician’s exam. The employee must use approved leave for the second exam. If the employee elects to have a second medical examination, the Agency will give the employee a copy of the documentation provided to the physician or licensed mental health professional that performed the original independent medical examination. The results of the second (2nd) examination will be taken into consideration when making an accommodation or disability separation determination. 29.14 The Agency may separate an employee after providing at least three (3) working days’ notice when the agency has medical documentation of the employee’s disability and has determined that the employee cannot be reasonably accommodated in any available position, or when the employee requests separation due to disability. 29.15 An employee separated due to disability, will be placed in the General Government Transition Pool Program if the employee submits a written request for reemployment and has met the reemployment requirements of WAC 000-00-000 through -105. Employees participating in the transition pool program shall have no right of appeal within the program.