All Things Accommodations
I need an accommodation. What should I do?
1. Complete the Employee Accommodations Request form and submit it to the Office of Workplace Safety.
2. Ask your medical professional to complete the COVID-19 High/Increased Risk Identification Clarification form. Or, ask your medical professional to write a letter on their letterhead stating the medical condition(s) for which you are requesting an accommodation. Submit the form or letter to Workplace Safety. Your healthcare provider need only provide information regarding the medical condition(s) for which you are seeking an accommodation even though your provider may be treating you for additional medical conditions.
3. MNPS Workplace Safety will forward your information to the Third-Party Administrator (TPA). They will review the material and reach out to you if they have any questions or need more documentation.
4. The TPA will notify you to let you know if you have or have not been approved for an accommodation and will notify you of your level of risk. Your principal/supervisor will also receive information notifying them you have been approved for an accommodation and what your risk level is. The medical diagnosis that qualifies you for accommodations may be released to your principal/supervisor. You are not required to disclose specific health conditions to your employer beyond the condition(s) for which you are seeking an accommodation and any accommodation the doctor may recommend (although they aren’t binding). You should not provide details of your health condition that are not pertinent to your accommodation request. If your employer doesn’t need to know, don’t volunteer it.
I’ve been approved for an accommodation. Now what?
1. Request a meeting with your principal/supervisor to discuss accommodations. You are not guaranteed any particular accommodation (e.g. telework).
2. Ask for a representative of MNEA to be invited to the meeting. Ask for several dates and times for the possible meeting and then contact MNEA. Your representative will let you know which date/time works best for their schedule.
3. Review a list of your job responsibilities.
4. Make a list of reasonable accommodations that would keep you safe while also allowing you to perform your job responsibilities. There is no list of accommodations you can pick from—this is your opportunity to think about what you need. However, here is a general list of accommodations you may wish to request:
a. job restructuring
b. part-time or modified work schedules including a blend of virtual and in-person instruction to limit exposure/contact
c. acquiring or modifying equipment
d. reassignment to a vacant position
e. medical leave
f. alternate building locations that can provide increased social distancing
g. alternate entrances/exits to building to limit exposure/contact
h. access to personal protective equipment or additional personal protective equipment
i. plexiglass barriers to limit exposure/contact
Can my employer deny my accommodation request?
Yes. If the accommodation you are requesting is an undue burden or will cause a disruption to the work environment, your employer can deny your requested accommodation; however, the employer is supposed to explain why the accommodation you are requesting is being denied and offer alternatives. The district will need enough in-person adults to monitor in-person students. If the essential functions of your job can be done in-person with additional accommodations, your request to work virtually (telework) maybe denied (depending on varying factors) as it would be an undue burden to the school district to not have enough adults in buildings monitoring students.
The Office of Workplace Safety has approved my request for accommodations. Now what?
1. Schedule a meeting between you and your supervisor(s) to discuss your need for accommodation(s) in an interactive process. You will present the accommodations you believe you need in order to perform the essential functions of your job. You may be asked why you feel you need that accommodation. Remember, you need to provide your employer enough information to make an informed decision about your accommodation(s), but you shouldn’t provide information that isn’t necessary.
2. As you prepare for the meeting, consider the following:
a. You have the right to ask for the accommodations. Be confidant during the meeting.
b. Answer the questions you are asked but don’t provide information that wasn’t requested.
c. Breathe!
d. Sit up, dress appropriately, and act professionally.
e. Have your notes regarding the accommodations you want to ask for and why handy. You don’t want to forget to make a request.
f. Don’t get emotional. You might not get exactly what you want but the district is working with employees to try to meet your needs, the needs of students, the needs of your colleagues, and the needs of the larger school and district community.
g. You can’t ask about the accommodations colleagues got or why they got them. The meeting is only about you and your needs and you are not entitled to private information about your colleagues.
What do I need to do during the accommodations meeting?
You and your supervisor will engage in an interactive process (conversation) about your needs. You will present the accommodations you feel you need and why (your MNEA representative cannot ask for accommodations on your behalf, you need to make the request). In this meeting, do not state that you cannot do the essential functions of your job; instead, indicate how the accommodations will assist you in fulfilling the essential functions of your job.
Your supervisor(s) may respond to your request(s) by offering additional accommodations or alternatives to the accommodations you presented.
The intent of this meeting is to find middle ground. You and your employer may each have to give a little. Remember, you are not entitled to any particular type of accommodation and just because a colleague may have gotten an accommodation that you hope to also get, doesn’t guarantee that you will get that accommodation too.
After the meeting, your supervisor will write up the list of approved accommodations that will apply to you. You will be given a copy to review and sign.
What do I need to do after the meeting?
1. Keep a copy of the signed accommodations form with your personal records.
2. Keep a daily log and document each day any issues you encountered where the accommodations didn’t work as intended (e.g. employer put up a plexiglass barrier and it broke)—keep your log focused only on the accommodations listed on your form.
What do I do if the accommodations I was given don’t work for me?
1. Be sure you’ve documented the issues regarding why the accommodation isn’t working for you.
2. Contact your MNEA representative to discuss.
3. Ask for a follow-up meeting with your supervisor(s), and include your MNEA representative, to review your accommodations and discuss modifications or alternative accommodations.
4. If necessary, file a complaint with the EEOC (seek assistance and guidance from MNEA).