Abilities, LLC complies with all federal and state laws that require reasonable accommodation for employees with medical conditions, disabilities, pregnancy, childbirth, and related medical conditions. This policy applies to every employee in every department regardless of role, classification, or work location. The same process and the same standards apply across the agency.
This policy is governed by the Americans with Disabilities Act (ADA), the Pregnant Workers Fairness Act (PWFA) (effective June 27, 2023), the Pregnancy Discrimination Act, the PUMP Act, and the Missouri Human Rights Act (RSMo Chapter 213). Where these laws differ, Abilities, LLC follows whichever provides the greater protection to the employee.
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Who decides accommodations
AuthorityADA (42 U.S.C. Β§ 12101 et seq.; 29 C.F.R. Part 1630); Pregnant Workers Fairness Act (42 U.S.C. Β§Β§ 2000gg et seq.); Pregnancy Discrimination Act (42 U.S.C. Β§ 2000e(k)); PUMP Act (29 U.S.C. Β§ 207(r)); Missouri Human Rights Act (RSMo Ch. 213). eeoc.gov/disability-discrimination | dol.gov/agencies/whd/pump-act
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Human Resources is the agency's accommodation decision-maker. This is true in every department and for every role. No supervisor, manager, director, RPM, or department leader, regardless of which department they work in, has authority to grant or deny a request, evaluate medical documentation, promise a specific placement, tell an employee what accommodation they will receive, or decide whether a restriction is reasonable.
If you are a supervisor or manager in any department, you must notify HR the same business day if an employee gives you any of the following:
- A work restriction note from a healthcare provider
- An accommodation request in writing
- Medical documentation
- A verbal mention of a current or future accommodation need
A verbal mention to a supervisor counts as notice to the agency. Statements like "I'm going to need some changes when I come back from leave," "my doctor said I shouldn't be lifting," or "I might need accommodations during my pregnancy" all count as notice. The supervisor's job is to route the notice to HR immediately, not to evaluate it.
- Reasonable Accommodation: A change to the job, schedule, work environment, or way work is performed that allows a qualified employee with a covered medical condition to perform the essential functions of their role, unless the accommodation would create undue hardship
- Undue Hardship: Significant difficulty or expense for the agency, considering cost, operational impact, agency size, nature of work, and effect on other employees and the individuals we serve
- Essential Functions: The core duties of a position that must be performed, with or without accommodation, for the employee to do the job. Essential functions vary by role and by location.
- Interactive Process: The good-faith back-and-forth conversation between HR and the employee to identify possible accommodations and select one that is effective
- Qualified Individual: An employee who, with or without reasonable accommodation, can perform the essential functions of their position
- Work Restriction: A medical limitation issued by a licensed healthcare provider that affects the employee's ability to perform some part of their job
- Medical Documentation: Written information from a licensed healthcare provider that identifies the restriction, its expected duration, and clinical context. Documentation does not require disclosure of a diagnosis.
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When this policy applies
This policy applies in any of the following situations:
- You have a disability covered by the ADA and need an accommodation to perform your job
- You are pregnant, recently gave birth, are recovering from childbirth, or have a medical condition related to pregnancy or childbirth, and you have a limitation that affects your work
- You have a temporary medical condition that requires work restrictions
- You are returning to work from leave with restrictions of any kind
- You are nursing and need lactation accommodation under the PUMP Act
This policy applies whether the underlying condition is permanent, temporary, episodic, or expected to resolve.
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How to request an accommodation
You can start the accommodation process in any of the following ways:
- Email Hannah Cox, HR Manager, at hcox@abilitiesllc.com
- Call the agency office and ask to speak with HR
- Send Hannah Cox a Google Chat message
You do not need to use any specific words. You do not need to name the law. You do not need to disclose your diagnosis to start the process. Saying that you have a medical condition affecting your work is enough to begin.
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All substantive communication after the initial scheduling is in writing or in person. HR does not accept verbal accommodation requests, verbal documentation of restrictions, or verbal updates outside of a scheduled meeting. In-person communication is documented as a scheduled meeting in the employee's Notes tab in BambooHR by HR.
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HR acknowledges receipt and schedules the initial meeting within two business days.
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HR reviews documentation and may request additional information if what was submitted is unclear or incomplete.
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HR identifies possible accommodations based on your restrictions, the essential functions of your role, operational needs, and the rights of the individuals served. HR may consult your supervisor regarding operational impact, but the decision belongs to HR.
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HR meets with you to discuss possible accommodations. You will be asked what accommodation you believe would help.
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HR makes a determination in writing identifying the accommodation, start and end dates, and any conditions: granted, granted with modifications, leave offered, or no accommodation available without undue hardship.
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HR communicates with your supervisor only what the supervisor needs to know to implement the accommodation. Your medical information is not shared.
Documentation must come from a licensed healthcare provider and must include:
- The nature of the restriction (what you cannot do or what must be modified)
- The expected duration of the restriction
- Any specific limitations on lifting, standing, sitting, driving, exposure to chemicals, working alone, working with specific populations, working specific hours, or any other relevant function
Documentation does not need to include a diagnosis. The agency cannot require you to disclose your diagnosis. The agency can ask follow-up questions of the healthcare provider, with your written authorization, if the documentation is unclear. The agency reserves the right to require periodic recertification at reasonable intervals, and at its expense, a second opinion when the original documentation is in doubt.
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Essential functions vary by role and by location
Essential functions are not the same for every position at Abilities, LLC. A role's essential functions depend on what the job actually requires. Each employee's specific physical and functional requirements are written into their job description, and additional role-specific and location-specific requirements are documented in each department handbook. HR considers the job description and the relevant department handbook when determining what accommodations are reasonable for any specific role.
Essential functions can include physical requirements (lifting, transferring, driving), cognitive requirements (medication administration, documentation), behavioral requirements (de-escalation, supervision), schedule requirements (overnight coverage, weekend availability), and location requirements (specific homes or sites). What is essential in one role may not be essential in another, and what is essential at one location may not be essential at another.
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Categories of accommodations the agency may consider
- Modified duties or restructured assignments
- Light duty, where the agency has identified a position within the employee's restrictions
- Schedule modifications, including shift changes, modified hours, or reduced schedules
- Equipment, tools, or workspace modifications
- Temporary reassignment to a different role for which the employee is qualified, when an opening already exists
- Temporary reassignment to a different work location, when an opening already exists
- Lactation accommodations as described below
- Unpaid leave, when no other accommodation is reasonable or no accommodation has been identified that allows the employee to perform essential functions
- Any other accommodation the interactive process identifies as effective and reasonable
This list is not exhaustive. The agency will consider any accommodation raised in good faith.
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Reasonable does not mean preferred
A reasonable accommodation is one that allows you to perform the essential functions of your role without imposing undue hardship on the agency. It is not the accommodation you most prefer. When more than one accommodation would be effective, the agency selects which one to implement. The agency considers cost, operational fit, impact on coworkers, impact on the individuals we serve, and consistency with how the agency has handled similar situations. You may share your preference and HR will consider it, but the choice belongs to the agency.
The agency is not required to:
- Eliminate an essential function of your job
- Lower a performance or production standard
- Provide personal-use items such as eyeglasses, hearing aids, or wheelchairs
- Create a new position that does not otherwise exist
- Bump or displace another employee from their position to create an opening
- Provide an accommodation that imposes undue hardship
- Provide an accommodation that would require violating the rights of the individuals we serve, including HCBS Final Rule rights
- Provide indefinite leave without a return-to-work date
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The agency's other rights
In addition to the rights above, Abilities, LLC reserves the right to:
- Require fitness-for-duty certification from a licensed healthcare provider before allowing an employee to return from a restriction or accommodation period to full duty
- Require updated medical documentation when restrictions are extended or modified
- Decline an accommodation that would compromise the safety of the employee, coworkers, or the individuals we serve
- Decline an accommodation that would shift the workload onto coworkers in ways that compromise the work being done
- End an accommodation when the underlying restriction is no longer in place
- Engage outside counsel or compliance resources to support the determination
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Lactation accommodations
Under the PUMP Act and the Pregnant Workers Fairness Act, nursing employees have the right to reasonable break time and a private, non-bathroom space to express breast milk for one year after the birth of the child. Abilities, LLC complies with both laws within the following operational realities:
- The work happens in private homes that belong to the individuals we support. Federal HCBS rules guarantee each individual the right to access their community on their own schedule. The agency cannot violate those rights to create coverage for a lactation break.
- The agency does not maintain a float DSP pool
- ISLs are private residences. They do not have lockable private spaces other than bathrooms (not permitted as lactation spaces) and bedrooms (which belong to the individuals).
- The agency does not have temporary office or non-billable roles available for reassignment
Start the conversation early. If you are pregnant and intend to express milk after returning to work, contact HR during your pregnancy. The earlier the planning starts, the better.
Pumping method is your decision. How you pump, what equipment you use, how often, and for how long are personal medical decisions between you and your healthcare provider. The agency does not advise on pumping methods.
Scheduling modifications the agency may be able to offer
- Shorter shifts that end before the employee's required pumping interval (hourly rate unchanged; total hours/gross pay may be reduced)
- Adjusted start and end times that align the shift with the employee's pumping schedule
- Temporary reassignment to a different home or shift, but only when an opening already exists
Scheduling modifications the agency cannot offer
- Adding a second DSP to a shift authorized for single coverage
- Leaving an individual unsupervised during a pump break, or restricting any individual's HCBS rights
- Pulling a DSP from another ISL to cover a pump break
- Removing or displacing another employee to make room for an accommodation
Effect on benefits. Accommodations that reduce hours may affect benefit eligibility. Benefit eligibility runs by the existing benefit policy. The agency does not maintain benefits artificially during the lactation period. HR will explain how the accommodation may affect your benefits before any decision is finalized.
Pay. Pump breaks are unpaid. The employee clocks out and is fully relieved of duty. The agency does not schedule nursing employees onto shifts where they cannot be relieved.
Private space at the office. HR designates a private lactation space at the office that is not a bathroom, is shielded from view, and is free from intrusion during use. This space is available to nursing employees during scheduled office time for training, supervision, paperwork, or other work-related reasons.
Storage. Where a refrigerator is available at the work location, the agency will provide access. Where one is not, the agency will assist in arranging cooler storage. Containers, bags, and pumping equipment are the employee's responsibility.
Duration. PUMP Act protections apply for one year after the birth of the child. PWFA protections continue as long as the related medical limitation exists.
If the accommodation is not working. If the planned accommodation is not working in practice, contact HR. The plan can be adjusted within the operational constraints described in this policy.
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Interaction with other leave policies
Accommodation under this policy and leave under other agency policies are different processes. They can run in parallel. Leave under FMLA, Workers' Compensation, or any other agency-provided leave does not replace the accommodation process. The accommodation process does not replace leave entitlements.
For example: A pregnant employee may use FMLA for prenatal appointments and recovery from childbirth and at the same time receive a PWFA accommodation for lifting restrictions during the pregnancy. An employee with a workplace injury may have Workers' Compensation benefits, light duty, and an ADA accommodation evaluation running together. If you are eligible for both leave and accommodation, HR will help you understand how the two interact.
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Role of supervisors and department leadership
The role of supervisors and managers in the accommodation process is the same in every department. Supervisors and managers:
- Notify HR the same business day of any work restriction notes, accommodation requests, medical documentation, or verbal mentions of current or future accommodation needs
- Do not evaluate medical documentation
- Do not grant, deny, or modify accommodations
- Do not promise an employee any specific placement, schedule, or assignment during a restriction period
- Do not tell an employee what accommodation they will receive
- Implement the accommodation HR has approved as written
- Maintain the confidentiality of any medical information they receive
- Contact HR if implementation is creating operational issues, rather than modifying the accommodation on their own
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A supervisor or manager who tells an employee they will get a specific accommodation, who refuses to forward documentation to HR, who shares medical information with coworkers, or who treats an employee differently because they requested accommodation has violated this policy and is subject to corrective action up to and including termination.
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Confidentiality & non-retaliation
All medical documentation is confidential and stored in a separate, secure medical file maintained by HR. It is not part of your personnel file. Your medical information is shared only with HR personnel responsible for the determination, department leadership on a need-to-know basis (your restriction, not your diagnosis), and outside counsel/insurance/government agencies when required by law. Your coworkers will not be told your diagnosis, your specific restrictions, or that you have requested an accommodation.
Abilities, LLC does not retaliate against employees who request accommodation, provide medical documentation, participate in the interactive process, or appeal a determination. Retaliation is prohibited regardless of whether the original request was granted or denied. Retaliation includes formal action such as termination, demotion, or schedule reduction, and informal action such as exclusion, hostile communication, or assigning undesirable shifts in response to the request.
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Appealing an accommodation determination
If you disagree with HR's determination, you may appeal in writing to the Executive Director within ten business days of receiving it. The Executive Director may uphold the determination, modify it, or send it back to HR. A written response will be issued within fifteen business days. While the appeal is pending, the original determination remains in effect.
If you are not satisfied after the agency's internal appeal, you have the right to file a charge with the EEOC, the Missouri Commission on Human Rights, or both. Filing a charge with an outside agency does not require you to complete the internal appeal first.