About Disability Compliance
We specialize in providing organizations holistic Disability Compliance Management services to ensure their compliance with Title I of Americans with Disabilities Act (ADA).
MSB HR takes a holistic approach to policy review & development. Our consultants will review your existing policy to identify any gaps and opportunities for improvement. We then make recommendations for changes that will ensure your policy contains the critical elements necessary for compliance and is up to date with current legal requirements. Don’t already have an established policy? No problem! We can partner with you to develop a formal written policy that helps you fulfill your legal responsibilities, protects your employees’ rights, and aligns with your organization’s culture and workforce composition.
Our consultants have extensive experience in writing policies that are clearly defined for disability management, integrate with other relevant policies, but also have their own unique features to reinforce participation, accountability and collaboration. We go one step further in our partnership with you to ensure that your policy is effectively communicated to your workforce so there is clarity around their rights and responsibilities. We can customize information pamphlets, documents, and other reference materials to reinforce your policy. We can also customize and/or deliver training to your HR Professionals, managers, front-line supervisors and employees.
MSB HR understands that the interactive process is not a one-size-fits-all. Federal disability laws require employers to consider reasonable accommodations for employees with disabilities. This is done through what is known as the interactive process. Our IP-GPS ensures a proactive workplace process that allows you to better support employees with physical and mental health issues while at work. This is done through a coordinated effort while considering individual needs, the work environment, organizational requirements and legal responsibilities.
Our tool guides you step by step along the way in determining effective and reasonable accommodations that meet the job-related needs of the individual. The tool also helps redirect you when you arrive at a decision that may pose risk to your organization. Most importantly, it reduces risk by carefully guiding the interactive process, ensuring that requests are handled timely, and maintaining consistency of process.
Day-to-day management of disability accommodation requests can be very time-consuming; particularly if your organization does not have a dedicated disability management center or does not employ disability management specialists. MSB HR can help coordinate and facilitate these efforts by managing the process in whole or in part. A collaborative approach is used to seek successful solutions and reasonable accommodations to help your workforce with disabilities or medical restrictions successfully perform their jobs.
Our consultants provide specialized consultation and subject matter expertise in evaluating requests for accommodation in compliance with state and federal laws. We apply specialized knowledge to effectively manage accommodation requests and ensure consistent application of Company policies and practices. This can include, but is not limited to, contacting employees who make an accommodation requests; confidentially obtaining necessary medical information; reviewing and/or revising job descriptions for compliance; scheduling and/or facilitating interactive process meetings; developing return-to-work strategies; coordinating or facilitating effectiveness reviews; and appropriately documenting the entire process.
We can’t make the decision for you. But using our trademarked IP-GPSTM, we can help YOU comfortably and confidently navigate the interactive process to demonstrate good faith efforts and make sound decisions on what accommodations, if any, can be reasonably and effectively implemented. We can also:
- Educate your workforce;
- Provide coaching & training for HR Professionals, managers, and front-line supervisors related to the accommodation process; and
- Work with managers & frontline supervisors to implement accommodations
Essential job functions are those that are fundamental or “essential” to the job. Unfortunately, it is not always easy to tell which functions truly fit this definition. That’s where we can help! We conduct a thorough analysis that is consistent with what is outlined in the Americans with Disabilities Act (ADA) regulations. We evaluate each function, review relevant evidence, and use critical factors outlined by the EEOC to help you distinguish between essential functions and marginal or “nonessential” functions. We then use this information to write ADA-compliant job descriptions. Outdated and/or inaccurate job descriptions may do more harm than good. In order to be compliant with the ADA, job descriptions must outline both essential and marginal functions. Ideally, these should be prepared before advertising or interviewing applicants for a job. Let us take this work off your plate!
Undue hardship is an accommodation action that causes substantial difficulty or expense on the employer when assessed in view of several factors. There is no responsibility by a covered employer to make the accommodation (in part or at all) if doing so would impose an undue hardship on the operations of this employer’s company. However, it is often difficult to know when that threshold has been met as each situation is unique. Undue hardship is determined according to the case at hand rather than using a one-size-fits-all approach. Our tool utilizes EEOC prescribed factors to determine an undue hardship and also helps to identify whether effective and reasonable alternative accommodations are possible. Undue hardship is an accommodation action that causes substantial difficulty or expense on the employer when assessed in view of several factors. There is no responsibility by a covered employer to make the accommodation (in part or at all) if doing so would impose an undue hardship on the operations of this employer’s company. However, it is often difficult to know when that threshold has been met as each situation is unique. Undue hardship is determined according to the case at hand rather than using a one-size-fits-all approach. Our tool utilizes EEOC prescribed factors to determine an undue hardship and also helps to identify whether effective and reasonable alternative accommodations are possible.
For many companies, workforce absenteeism is a major challenge. It is often poorly managed because of outdated strategies, policies and processes and traditionally managed in isolation, as a standalone and reactive administrative function. Additionally, managing the amount of leave your employees are entitled to under state and federal laws can be a complex task. Since the required duration of leave and undue hardship limitation is not clearly defined, the challenge for the employer is to determine what duration of leave is reasonable under the ADA.
MSB HR takes a more strategic, progressive approach that involves a holistic view of leave, absence management and disability management. We have been partnering with different organizations to design, implement, and evaluate an integrated disability and absence management strategy that prioritizes employee health and productivity.
Our consultants can integrate your core programs in absence management and disability management. By connecting your programs, we help to foster an all-inclusive and care-based environment that can also optimize and streamline administration. This includes developing clearly defined policies and procedures for attendance management. It also includes revamping your existing leave and disability management programs or fully developing your such programs which:
- Includes a clearly defined policy and easy to follow procedures;
- Considers and incorporates the types of leave that will most likely be used by your employees in addition to federal and state mandated leaves;
- Incorporates use of your Employee Assistance Program (EAP)
- Considers and incorporates leave as an accommodation;
- Incorporates a warm and seamless transition from FMLA to ADA;
- Addresses scenarios where FMLA, ADA, and Workers’ Compensation are all applicable;
- Includes clearly defined parameters and guidelines around eligibility and program requirements;
- Includes collaboration, employee participation, and accountability as the cornerstones of the program; and
- Incorporates a safe and timely return-to-work strategy
Our program design ensures your policies and guidelines are communicated to your workforce so that there is clarity around eligibility and program requirements. We make this information readily available to your employees and provide informational pamphlets or documents at each point of the process to ensure their understanding. We also educate your HR professionals, managers and frontline supervisors since they play a critical role in the process.
MSB HR provides the right tools and knowledge to identify risk, to support smooth and supported reintegration of employees after prolonged absence, and to manage workloads for those who remain on the job. We are a trusted partner to drive better results and strengthen your relationship with your employees.
While there is no requirement to use standardized forms for ADA-related situations, having them guarantees consistency and efficiency. However, the improper use of forms can lead to ADA violations; such as in the case of requesting too much medical information or requesting medical information you may already have. We create smart, concise and compliant forms and templates to complement your existing processes or in conjunction with the program we build for you.
Knowing what to say and how to say it is important in matters related to ADA compliance. We have effectively captured best practices and created a repository of well-constructed letters, communications, content, and verbiage. Our language and letters contain critical verbiage which appropriately reflects your good faith efforts in the interactive process as well as your compliance with the ADA. We take great pride in our ability to customize verbiage to fit each unique situation you may encounter.
MSB HR specializes in proactive program design and implementation rather than reactive temporary measures. Studies have shown that an effective disability management program can contribute to workforce productivity and employee engagement by ensuring that employees with health issues can remain in the workplace or return to productive work more quickly after a leave of absence. We design disability management programs that are well-structured and comprehensive; encourage the safe and timely return to work of employees who have taken a health-related leave of absence; and sustains the overall objectives of the program. This includes all templates, forms, letters, and educational materials and resources.
In an organization with a successful disability management program, everyone is accountable for the program’s success. We help organizations identify key internal and external stakeholders and we partner with you to educate them on their roles and responsibilities. Our programs incorporate policies & procedures, education & awareness, and tools & resources which produce a cumulative effect of developing an inclusive culture. Our programs are specifically designed to help your organization meet its requirement to support, accommodate and retain employees with physical and mental health impairments.
