What questions should employers consider when accommodating employees in the course of their employment? We explain the difference between a service occupancy contract and a service rental contract and why it is important. Unlike other federal laws, the Americans with Disabilities Act (ADA) does not require employers to use standardized forms for ADA-related employment measures. However, employers sometimes find it helpful to develop forms for consistency and efficiency. The problem with the use of standardized forms under the ADA is that, in some cases, improper use of these forms can lead to violations of the ADA. This can sometimes happen when employers use forms to request medical information. The ADA limits the amount of medical information that can be collected from employees in different situations, and employers are prohibited from requesting medical information they already have. When a standard form is used to collect disability information in response to an accommodation request, the employer may sometimes request more information than the ADA definitely needs or is appropriate. For example, employers should not require proof of disability if the disability and/or the need for accommodation is obvious or has already been documented. Do you know someone who is caring for someone who has had a heart attack or stroke? Find peace of mind or offer your own words of wisdom on the American Heart/American Stroke Association`s support network, identifying the most appropriate accommodations to implement. Add another page if necessary. If adequate accommodation is not to be implemented due to „unreasonable hardship“, this should be properly documented in the last section.
This contract should be used where it is essential for the proper performance of the employee`s duties whether residing in the accommodation, para. B example for a custodian position, i.e. that accommodations are provided to better perform the employee`s duties, at para. B example for an ad manager position. We have seen cases of agreements called „service occupancy contracts,“ but the wording of the agreement gives rise to a service lease. This means that, regardless of whether the employee`s employment contract has been terminated, the employee has the right to remain in the property until the end of the employment relationship. The employer was open to the idea, but had not previously allowed employees to work from home and was not sure that this would be an effective solution for the employee and the company. A JAN consultant suggested implementing work from home on a trial basis and offered jan`s sample temporary/trial accommodation approval form to help the employer document accommodations. Using practical ideas that JAN shared for the implementation of working from home as housing, the employer drafted a trial accommodation contract and approved the accommodation for a period of three months. The employer requested that all forms used in the process limit the scope of the information requested to what is necessary to provide accommodation under the ADA. The recruitment company contacted JAN to create a sample form.