Employee ADA Accommodations

Employee ADA Accommodations

Institutional Accessibility and Accommodation is charged with coordinating UT Austin’s compliance with the employment provisions of the Americans with Disabilities Act, as amended (ADA).

Employee Accommodation Request Forms

To determine whether an employee is eligible for workplace accommodations under the ADA they will need to provide written documentation from their licensed health care provider. If you believe you need a workplace accommodation because of a personal medical condition/disability please review and complete the following:

• Employee Accommodation Request Form (Submit Online)

• Employee Accommodation Medical Certification Form (PDF)

• Healthcare Provider Cover Letter (PDF)

You can request to have the paperwork mailed to you by contacting Institutional Accessibility and Accommodation via email at ada@austin.utexas.edu.

Submit Accommodation Paperwork

• Via email at: ada@austin.utexas.edu

• By fax at: 512-475-7730

Overview of the Employee ADA Accommodation Process

UT Austin is required by law to provide reasonable accommodations to qualified employees with disabilities in accordance with the ADA. Institutional Accessibility and Accommodation is charged with coordinating UT Austin’s compliance with the employment provisions of the ADA. The determination of reasonable accommodations is a collaborative and interactive process between Institutional Accessibility and Accommodation, the employee seeking accommodations, the employee’s supervisor and/or other appropriate personnel (e.g., Human Resources or Leave Management) as needed.

Having a medical condition alone is not enough to make someone eligible for a workplace accommodation. Under the ADA, an individual with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. To have an “actual” disability (or to have a “record of” a disability) an individual must be (or have been) substantially limited in performing a major life activity as compared to most people in the general population. Documentation from an individual’s healthcare provider is necessary to assess the functional limitations associated with one’s disability and what accommodations are appropriate. ADA related medical files are kept separate and apart from the location of personnel files, and access is limited to those personnel involved in the implementation of workplace accommodations.

Initiating the Employee ADA Accommodation Process

Employees seeking workplace accommodations are responsible for initiating contact with Institutional Accessibility and Accommodation and requesting information regarding accommodations. An employee may request a workplace accommodation at any time, either orally or in writing. A request is any communication in which an individual asks or states they need UT Austin to provide or to change something because of a medical condition/disability. A supervisor, manager, or Institutional Accessibility and Accommodation will ask an individual whether they are requesting a workplace accommodation if the nature of the initial communication is unclear. Supervisors who receive a request for a workplace accommodation should refer the employee to Institutional Accessibility and Accommodation.

Employees may initially consult with Institutional Accessibility and Accommodation without first informing their supervisor. Supervisors are part of the process and will be brought into the discussion after the employee has met with Institutional Accessibility and Accommodation. It is important to note that in having this discussion, Institutional Accessibility and Accommodation does not share the medical diagnosis or disability documentation with the supervisor, but rather maintains the focus on the limitations of the condition(s) and suggested workplace accommodations.

Processing the Request

To determine whether an employee is eligible for workplace accommodations under the ADA, they will need to provide written documentation from their licensed health care provider concerning their condition(s). After receiving the documentation from the employee’s health care provider, Institutional Accessibility and Accommodation will review the medical information to determine its adequacy. If the information provided is incomplete, unclear, or inconsistent, Institutional Accessibility and Accommodation may request that the employee obtain additional or clarifying information from their healthcare provider.

Institutional Accessibility and Accommodation has the authority to obtain, at departmental expense, an independent medical opinion concerning the impairment for which an employee seeks a workplace accommodation.

Interactive Process

Once an employee has submitted their completed paperwork, Institutional Accessibility and Accommodation will reach out to schedule a time to meet. Communication is a priority throughout the entire process, but particularly when the specific limitation, problem, or barrier is unclear; when an effective workplace accommodation is not obvious; or when the parties are considering different forms of reasonable accommodation. After meeting with an employee, Institutional Accessibility and Accommodation will reach out to the employee’s supervisor to discuss the workplace accommodations being requested and explore the feasibility of their implementation.

There may be instances where there is no reasonable workplace accommodation that enables the employee to perform the essential functions of their job. Although there is a requirement to facilitate the interactive process and explore whether there is a reasonable workplace accommodation, there is no requirement to provide the exact workplace accommodation requested by the individual or remove an essential function of the position.

Confidentiality

Any records or information obtained by Institutional Accessibility and Accommodation as a part of the accommodation process that reflect diagnosis, evaluation, or treatment of an employee’s medical or mental health condition is considered confidential. Such records shall be shared with only those UT Austin employees who have a need to know to implement the workplace accommodation process; and shall not be released except as required by law. ADA related files are kept separate and apart from the location of personnel files and access is limited to Institutional Accessibility and Accommodation. Personnel involved in evaluating a workplace accommodation request are not covered entities as defined in the HIPAA rules. With certain exceptions, Institutional Accessibility and Accommodation will not disclose the diagnostic or treatment information (including the ADA file) of employees participating in the workplace accommodation process. There are, however, instances when the aforementioned information is shared with certain individuals such as human resource personnel, first aid and safety personnel, or UT Austin personnel investigating compliance with the ADA (including Compliance & Legal). Knowledge that an employee has an approved workplace accommodation is limited to those involved in the accommodation process. Supervisors and staff involved should take care to maintain confidentiality. Faculty with workplace accommodations related to their building assignment need to be aware that Institutional Accessibility and Accommodation will also inform their department’s course scheduler of the approved workplace accommodation.

Hearing Aids, Scooters, Etc.

The scope of the ADA does not charge employers with the obligation to provide employees with items such as hearing aids, wheelchairs, scooters, eyeglasses, etc. Hearing aids and the like, fall into a category called personal-use items, which UT Austin does not provide for its employees.

UT Austin Resources

The Family Medical Leave Act (FMLA) provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same conditions as if they had not taken leave. FMLA leave may be unpaid or used at the same time as employer-provided paid leave. Employees are eligible if they work for a covered employer for at least 12 months and have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts. HOP 5-4310: Family Medical Leave.

The Sick Leave Pool (SLP) is a reserve of sick time off hours donated by employees to provide eligible employees with paid sick time off for catastrophic medical conditions. Employees suffering from a catastrophic condition, or who have an *immediate family member suffering from a catastrophic condition and are appointed to work at least 20 hours per week for at least 4.5 months are eligible to apply for SLP hours. Eligible employees must exhaust all their own paid time off prior to applying for and receiving a SLP award. Students in positions where student status is a requirement for employment are not eligible. HOP 5-4220: Sick Leave Pool.

For more information about FMLA and/or SLP, please contact Leave Management at HRS-LM@austin.utexas.edu or by phone at (512) 475-8099.

Other Resources 

The Job Accommodation Network (JAN) can be a helpful resource for employees with questions about workplace accommodations and the ADA.

Texas Senate Bill 212

Beginning January 1, 2020, Texas Senate Bill 212 requires all employees of Texas universities to report any information to the Title IX Office regarding sexual harassment, sexual assault, dating violence and stalking that is disclosed to them. Institutional Accessibility and Accommodation must report any Title IX related incidents that are disclosed in writing, discussion, or one-on-one. Before talking with Institutional Accessibility and Accommodation, or with any staff member about a Title IX related incident, be sure to ask whether they are a responsible employee. For more information about reporting options and resources, visit http://www.titleix.utexas.edu/, contact the Title IX Office via email at titleix@austin.utexas.edu, or call 512-471-0419.

The Employee Assistance Program (EAP) provides employees with counseling and consultation services. EAP services are confidential, and you can speak with them during work hours.  For more information, contact EAP at eap@austin.utexas.edu or by phone at 512-471-3366.