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Now let's get back to the 
podcast. 

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Welcome to the bringing the 
human Back To Human Resources 

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podcast. 
I'm Tracy turn off. 

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And I've spent my entire 
professional career in h.r., 

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each week, we'll explore the 
delicate balance between people 

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and business with the aim to 
reconnect the two and create 

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meaningful outcomes. 
Listen in. 

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As I share my own experiences 
challenge, the status quo and 

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chat with guests from various 
Industries about our mission, to

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bring the human Back To Human 
Resources, welcome back to the 

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podcast. 
Everyone, thank you so much for 

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being here for another week. 
I'm really glad that we have had

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so many amazing guests episodes 
and that I now can join as 

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myself by myself, on this 
episode, to talk to you about 

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the Ada and accommodations and 
leaves and things like that. 

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Because one of the more recent 
episodes that I shared with you,

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I think it was episode 114. 
So about a month ago, came out 

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that was with Alex Gilbert and 
we talked about ADHD, dyslexia 

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and specifically that she was 
diagnosed with these things with

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these learning disabilities and,
you know, basically what that 

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meant for her being in the 
workforce and what she's had to 

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navigate and how companies can 
be more supportive. 

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Or t''v. 
What does Ada mean, what does 

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EEOC mean? 
I think I've clarified these a 

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few times but in case you're new
here I'm going to do so. 

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Again the Ada is the Americans 
with Disabilities Act and the 

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EEOC is the equal employment 
opportunity commission believe 

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it's commission that one I'm not
reading and basically the EEOC 

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in the Ada kind of work, 
hand-in-hand. 

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The Ada is what tells us and 
specifies who is part of a 

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protected class which, you know,
of course, we always hear race 

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gender. 
Creed nationalities sexual 

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orientation, Etc. 
Right, we always hear those 

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things but we don't always talk 
about disability. 

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And we don't necessarily always 
talk about like even military 

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status, right? 
So those things are and those 

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qualifications or qualifiers are
do fall under the Ada. 

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The EEOC basically says that to 
be an equal opportunity. 

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Employer, we have to be able to 
provide reasonable 

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accommodations for those 
protected class. 

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Is of course, we have to provide
equal opportunity as well, but 

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specifically to the Ada process 
and the accommodation process 

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there. 
When we say accommodations, they

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have to be reasonable 
accommodations and businesses 

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can make decisions to deny 
accommodation requests if they 

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cause undue hardship on the 
business. 

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So I know I've kind of shared a 
lot, top level there. 

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I'm going to break this down 
when it comes to someone saying 

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Saying hey HR person business 
leader, I need an accommodation,

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it's our responsibility to ask 
numerous questions, right? 

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And to understand what they're 
asking for, what the request is.

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If there's any understanding as 
to what is requiring or causing 

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the accommodation request, but I
want to preface by saying that 

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at no point. 
Can we or should we be asking? 

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What were you diagnosed with? 
Do you need an accommodation? 

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We have to be much more mindful 
than asking questions like that 

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because it could violate 
someone's privacy rights. 

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It could violate laws. 
So you have to be really really 

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careful and considerate of what 
a person's right to their 

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privacy looks like so at no 
point should you ask someone 

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what their again with their 
diagnosis or if it if we are 

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talking about a disability for 
example, or if they even need a 

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medical procedure, like if 
someone is providing a Has note.

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It shouldn't even say what they 
are experiencing or what they're

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dealing with. 
It should just say information 

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or share provide information 
about how long they need to be 

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out if there are any 
accommodations required or 

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requested. 
So just keep that in mind. 

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Now if an employee comes to you 
and says that they need an 

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accommodation, your first 
question is to ask what the 

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accommodation is that. 
They are requesting and you have

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to engage in. 
What's called an Active process 

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and I'll make sure that there 
are tons and tons of links in 

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the show notes for you, so that 
you can access these later. 

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But basically, the interactive 
process is a process where 

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you're asking, kind of a series 
of questions you go through a 

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checklist most companies kind of
Drive their own but there are 

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some available resources online 
and templates and things like 

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that. 
Sometimes they have pay barriers

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but your company might have one 
already. 

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And if not try and check out 
some of those resources in the 

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show notes to, you know, do your
due diligence to ensure that you

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are proceeding with an 
interactive process and the way 

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that should be done. 
So at a high level, the 

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interactive process again, is a 
series of questions. 

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It's ensuring that there is a 
doctor's note provided in the 

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event. 
That there is a medical 

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necessity here. 
In most cases, accommodations do

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come from a medical need Right. 
Like when we think about 

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pregnancy, if we think about 
ADHD or dyslexia there could be 

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accommodations for that. 
If someone is going through a 

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surgery or they broke their 
ankle. 

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Right. 
Like there are so many examples 

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of where medical issues come 
with a need for accommodation. 

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I'm trying to think if there's 
ever a moment where someone 

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needs accommodation outside of a
medical need and There's nothing

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coming to my mind right now 
actually, if someone is on a 

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military leave or they're called
to active duty, for example, 

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that could be where there's, you
know, you go from like an 

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accommodation instead to a leave
of absence, right? 

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So this is where like 
accommodations and leaves kind 

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of go hand-in-hand, not 
everything is going to require 

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an accommodation, not everything
is going to require a leave but 

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it's going to be through your 
not only your discretion but 

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also your your questions asked 
through the Process that will 

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enable you to understand what, 
you know next steps look like 

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for this employee and for the 
business. 

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So let's just take a simple 
example of if someone is 

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pregnant, and they are now put 
on light duty because of you 

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know, because they're pregnant 
or whatever. 

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Right. 
The doctor is not going to tell 

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you the medical provider is not 
going to tell you that. 

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The employee might not even tell
you specifically, why they need 

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this accommodation again. 
We should not be asking. 

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So in the event that an employee
says, hey I'm pregnant. 

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I'm on light duty. 
I need to sit every 15 minutes 

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or I need to sit every 30 
minutes and I have to take two 

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lunch breaks, let's just say, 
right? 

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That's when again, you're going 
to engage in the interactive 

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process and you're going to 
understand specifically what the

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accommodation requests are. 
So again, sitting, maybe it's 

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potentially a reduction in what 
they can lift. 

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Getting more meals, whatever. 
That is right. 

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Then you have to understand if 
there is supported supporting 

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documentation. 
So, this is where a doctor's 

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note comes in. 
One of the misconceptions I 

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would say about accommodations 
though is that this that only 

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doctors can provide medical 
notes, which is not necessarily 

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the case, what the Ada tells us.
And I believe what the EEOC 

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tells us is that doctors notes 
or I should say Medical 

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provider, notes, healthcare, 
provider notes can be from 

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nurses, Nurse Practitioners 
therapists psychologists, right?

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Like depending on the situation,
I think it specifically says 

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that the that businesses can ask
for a medical note from an 

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individual or from a healthcare 
provider that X, that is an 

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expert in or specializes in the 
situation at hand now. 

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Easily, that could get a little 
gray because we're not asking 

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specifically what the situation 
is. 

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But if you as a, as a business 
are trying to ensure that, the 

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medical note is sufficient, you 
could say, hey does this come 

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from someone who specializes in 
what you are seeking, you know 

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medical attention for you don't 
have to provide me any 

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information about what you're 
looking for, but I just want to 

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make sure that this note is 
coming from someone that knows 

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you and is seeing you because I 
think that's Also, in the 

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language that I actually have it
right here, that essentially 

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Health Care Professionals who do
have an understanding of the 

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person's background and 
potential impairment or 

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functional limitations either 
with direct knowledge within 

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those within the employees 
specific impairment or 

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limitations or who has expertise
in the medical condition. 

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That is where the medical no. 
Will suffice coming from 

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potentially anyone, right? 
So, as an example, if this 

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employee gives you a note from a
pharmacist, you add because it 

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00:11:09,600 --> 00:11:11,800
says CVS, Pharmacy or something.
At the top. 

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You could say, hey, I'm happy to
continue to engage in the 

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interactive process to ensure 
that we accommodate you. 

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However we can but I will need 
an updated Note coming from 

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someone who's either treating 
you or who has expertise in your

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specific medical condition. 
Again I'm not asking what that. 

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Is I would tread lightly. 
I don't know that I've ever had 

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to push back on a note that I've
received and you should also 

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know that you can't call the 
healthcare provider and ask them

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questions. 
You know, just stay away from 

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that territory. 
Just, this is a moment where 

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we're trusting what the 
employees providing us, right, 

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so again with this example, 
let's say the employee is 

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pregnant and they are sharing, 
you know that they have 

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accommodation request. 
You're going through the 

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interactive process. 
You have a note from them and it

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certifies that they have this 
light duty restriction. 

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00:12:06,800 --> 00:12:08,800
They can't lift more than five 
pounds. 

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00:12:09,200 --> 00:12:12,000
They have to sit every 15 or 30 
minutes and they have to take an

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00:12:12,000 --> 00:12:16,900
extra lunch in the event that 
their job can. 

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00:12:17,000 --> 00:12:23,000
Absolutely not accommodate this.
Let's say they are, I don't know

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00:12:23,000 --> 00:12:28,500
work in the municipality and 
they are, you know, they pick up

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recycling cans. 
Azure the garbage from each home

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or residents in the town, right?
That could potentially be or 

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00:12:37,500 --> 00:12:42,300
cause undue hardship on the 
organization because there's no 

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00:12:42,900 --> 00:12:46,500
reasonable way to accommodate 
the restrictions. 

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That the medical or healthcare 
provider is saying this person, 

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is restricted with in the event 
that you work in retail for 

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example and this is totally 
reasonable and maybe A little 

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bit of a causes a little bit of 
difficulty, because of the 

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sitting, maybe they're like a 
salesperson, and it's hard for 

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them to sit. 
This is where you would have to 

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00:13:07,800 --> 00:13:11,600
figure out what is a reasonable 
accommodation to ensure that we 

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00:13:11,600 --> 00:13:15,900
can meet these requests where 
possible, right? 

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00:13:16,500 --> 00:13:20,800
And in my experience, what we 
did was we would move someone to

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be a cashier or guest service 
representative because sitting 

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in those sections of the 
business or in those areas of 

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the business was much easier. 
And much more, much more simple 

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to accommodate than if someone 
worked in logistics and 

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00:13:35,900 --> 00:13:39,200
unloaded, you know, a truck with
shipment, for example. 

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00:13:39,200 --> 00:13:42,800
So, I'm trying to give like 
context here so we can think in 

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real life, what, that's what 
this looks like. 

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But in essence, like when you 
are thinking through reasonable 

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accommodations, you do have to 
make every effort to make it 

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00:13:54,600 --> 00:13:59,500
work again without causing undue
hardship on the business in 

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Cases. 
There will be employees, who are

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reasonably accommodated, right? 
So let's say this employee is 

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moved from a salesperson to 
cashier and that's a reasonable,

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accommodation for them. 
But then they go and they get 

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more restrictions from their 
healthcare provider. 

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There might not be a way to 
accommodate them. 

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So that's when that 
accommodation potentially moves 

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into a leave of absence. 
And again, it's through the art 

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00:14:26,600 --> 00:14:30,300
of questions and the Art of 
questioning that will Allow you 

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00:14:30,300 --> 00:14:36,100
to understand when this kind of 
moves into that Arena if this 

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00:14:36,100 --> 00:14:40,000
employee says, hey my my doctor 
said I'm still not taking it 

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easy enough and now I can't be 
on my feet at all. 

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I'm on bed rest and you know, I 
want to work. 

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I don't know what I can do in in
the event that the business does

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not enable remote work or even a
fully seated, you know. 

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Transfer this employee, then you
might have to, you might have to

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00:15:03,100 --> 00:15:07,000
ask that, like, is there any 
flexibility in the accommodation

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00:15:07,000 --> 00:15:08,900
request? 
Which again, I mean if there's a

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doctor's note saying or a 
medical note saying, the 

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opposite that they are fully on 
bedrest, there's likely going to

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00:15:15,000 --> 00:15:20,900
be some sort of information 
about when when they can return 

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00:15:20,900 --> 00:15:23,300
to work. 
Like, in most situations, like 

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that people are probably and 
most often given a note to be 

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relieved of their there. 
Immediate job functions and to 

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00:15:32,200 --> 00:15:36,700
be placed out of work because of
these things, it's important for

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00:15:36,700 --> 00:15:39,500
any business to focus on their 
culture, employee well-being, 

252
00:15:39,500 --> 00:15:42,200
and strategic growth. 
But without the proper tools, it

253
00:15:42,200 --> 00:15:45,000
can be next to impossible to 
support the people behind your 

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00:15:45,000 --> 00:15:47,600
success. 
That's why you need namely, the 

255
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all-in-one HR solution that 
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256
00:15:50,700 --> 00:15:54,300
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In one intuitive platform namely

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covers your essential HR, 

258
00:15:57,000 --> 00:15:59,500
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259
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261
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And elegant, you, I namely 

262
00:16:08,800 --> 00:16:11,500
empowers employees with 
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263
00:16:11,500 --> 00:16:15,300
PTO, acknowledge peers, review, 
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264
00:16:15,300 --> 00:16:18,300
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265
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onboarding payroll time tracking
open enrollment Employee 

266
00:16:21,300 --> 00:16:24,300
Engagement, and so much more so 
that you can get the time and 

267
00:16:24,300 --> 00:16:25,600
data. 
You need to drive the 

268
00:16:25,600 --> 00:16:27,700
initiatives, your company really
cares about. 

269
00:16:27,700 --> 00:16:29,500
I want you to simplify your HR 
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00:16:29,600 --> 00:16:31,900
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So I've arranged a special offer

271
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273
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274
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275
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So you might not have to figure 
that out, it probably will be 

276
00:16:50,200 --> 00:16:54,400
spelled out for you again in 
most situations where, you know,

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00:16:54,700 --> 00:16:59,500
this is a medical necessity. 
So, in that case, you know what?

278
00:16:59,700 --> 00:17:02,900
Especially when dealing with 
pregnancy or any type of 

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00:17:02,900 --> 00:17:06,300
Parental leave, like, you do 
have to think about how this 

280
00:17:06,300 --> 00:17:10,400
impacts their FMLA, if they are 
eligible and how that impacts 

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00:17:10,800 --> 00:17:15,000
all of their leaves. 
And and what that looks like for

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00:17:15,000 --> 00:17:20,599
the duration of their experience
being out for their medical 

283
00:17:20,599 --> 00:17:23,500
condition, when it comes to 
pregnancy, I think most people 

284
00:17:23,500 --> 00:17:28,000
are probably, you know, pretty 
much forward-facing about this 

285
00:17:28,000 --> 00:17:29,500
because you at some point can't 
hide. 

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00:17:29,600 --> 00:17:32,500
Hide it. 
And so people tend to be pretty 

287
00:17:32,500 --> 00:17:34,700
open. 
But, in other cases where you're

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00:17:34,700 --> 00:17:36,600
dealing with a medical 
condition, where someone's 

289
00:17:36,600 --> 00:17:39,600
placed out, you could be left in
the dark, right? 

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00:17:39,600 --> 00:17:42,300
Again, you're not going to ask 
what someone is dealing with, 

291
00:17:42,500 --> 00:17:44,600
but let's say that they're 
dealing with anxiety or 

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00:17:44,600 --> 00:17:47,500
depression and their or 
stress-related, you know, 

293
00:17:47,900 --> 00:17:50,800
situations and their doctor or 
their health care. 

294
00:17:50,800 --> 00:17:53,900
Provider removes them from work 
for a period of time. 

295
00:17:54,600 --> 00:17:58,800
At as a as an organization. 
You might have leave of absence 

296
00:17:58,800 --> 00:18:02,200
Opera. 
Guns for people outside of 

297
00:18:02,200 --> 00:18:04,900
medical conditions, where maybe 
you have an unpaid personal 

298
00:18:04,900 --> 00:18:07,800
leave or a personal leave in 
general where PTO can be 

299
00:18:07,800 --> 00:18:10,600
applied. 
But in most cases again, when 

300
00:18:10,600 --> 00:18:13,600
it's a medical condition, if 
someone is eligible for FMLA, 

301
00:18:14,300 --> 00:18:17,700
then they can be eligible for 
that time whether it's 

302
00:18:17,700 --> 00:18:21,000
intermittent or concurrent. 
And so when I say intermittent 

303
00:18:21,000 --> 00:18:24,300
that means you know you could 
take like three days here, five 

304
00:18:24,300 --> 00:18:28,900
days there, it's not all within 
12 weeks back to back and I 

305
00:18:28,908 --> 00:18:31,600
realized that this This is super
us focused. 

306
00:18:31,600 --> 00:18:35,100
But I do think that across the 
board from what I know in 

307
00:18:35,100 --> 00:18:37,300
Canada. 
From what I know in India, there

308
00:18:37,300 --> 00:18:42,600
are very similar approaches to 
these situations and I think 

309
00:18:42,600 --> 00:18:46,400
it's always good to have a best 
practice in mind that when 

310
00:18:46,400 --> 00:18:49,700
someone needs accommodation, 
that we're asking those 

311
00:18:49,700 --> 00:18:53,900
questions that were certifying 
through a medical note, from a 

312
00:18:53,900 --> 00:18:56,900
healthcare provider and that 
we're ensuring that we're doing 

313
00:18:56,900 --> 00:18:59,500
our due diligence to provide a 
reasonable accommodation. 

314
00:19:00,400 --> 00:19:06,600
So let's take a situation like 
ADHD or dyslexia, and as Alex 

315
00:19:06,600 --> 00:19:08,800
said, you don't. 
And as I've said, already a 

316
00:19:08,800 --> 00:19:11,600
million times on this episode, 
you don't have to disclose what 

317
00:19:11,600 --> 00:19:15,200
you have or what you're 
experiencing, but you can 

318
00:19:15,200 --> 00:19:18,200
certainly ask for support, 
right? 

319
00:19:18,500 --> 00:19:22,300
So if someone comes to you 
saying that they require closed 

320
00:19:22,300 --> 00:19:27,200
captioning on meetings, because 
of lack of hearing, because of 

321
00:19:27,200 --> 00:19:31,600
Dyslexia, because of, you know, 
Saying maybe it is ADHD, right? 

322
00:19:31,600 --> 00:19:36,500
Like something that they are 
experiencing again, they might 

323
00:19:36,500 --> 00:19:42,100
not share this with you. 
You then have to be able to 

324
00:19:42,100 --> 00:19:44,600
discern. 
Is this an accommodation request

325
00:19:44,600 --> 00:19:47,200
or is this something culturally 
as an organization that we can 

326
00:19:47,200 --> 00:19:50,000
just turn on for everyone, 
right? 

327
00:19:50,100 --> 00:19:53,600
So, in the event that it's not 
something organizationally or 

328
00:19:53,600 --> 00:19:56,300
culturally that we're going to 
turn on for everyone and this, 

329
00:19:56,600 --> 00:19:59,100
you know, transcription or 
closed captioning is only 

330
00:19:59,100 --> 00:20:01,600
enabled. 
For one person you do have to 

331
00:20:01,600 --> 00:20:04,200
use this as a almost like a 
lightbulb moment. 

332
00:20:04,200 --> 00:20:06,900
Let me go through the 
interactive process to make sure

333
00:20:07,100 --> 00:20:10,100
that I'm doing my due diligence,
to ensure that I'm, you know, 

334
00:20:10,300 --> 00:20:13,300
understanding of the full 
request. 

335
00:20:13,500 --> 00:20:15,800
Now, if someone is like, I don't
want to make it a big deal, it's

336
00:20:15,800 --> 00:20:17,600
not a big deal. 
I just, you know, I learn 

337
00:20:17,600 --> 00:20:19,100
differently. 
I think differently. 

338
00:20:19,300 --> 00:20:23,000
Like, they might say something 
along those lines, then you can 

339
00:20:23,200 --> 00:20:26,100
take it upon yourself, to kind 
of ease their mind. 

340
00:20:26,100 --> 00:20:28,400
That this is not something 
that's going to negatively 

341
00:20:28,400 --> 00:20:32,000
impact them. 
And that, you know, as an 

342
00:20:32,000 --> 00:20:37,000
employer equal employment 
opportunity is Paramount and 

343
00:20:37,000 --> 00:20:41,300
that we are have to ensure that 
we are providing reasonable 

344
00:20:41,300 --> 00:20:43,800
accommodations. 
If something like this, comes up

345
00:20:44,100 --> 00:20:47,200
and you can also ensure and 
reiterate that, that person 

346
00:20:47,200 --> 00:20:51,700
understands that at no point, do
you need to understand any 

347
00:20:51,700 --> 00:20:54,500
condition that they might have. 
But you just need to understand 

348
00:20:54,500 --> 00:20:58,900
what their requests might be in 
some of these circumstances. 

349
00:20:58,900 --> 00:21:01,900
You Might not even ask for a 
medical note. 

350
00:21:02,800 --> 00:21:05,900
Of course it's a best practice 
to do so if there is some 

351
00:21:06,800 --> 00:21:10,300
considerable medical condition 
like any of these that we've 

352
00:21:10,300 --> 00:21:13,800
talked about, but sometimes 
employers will use discretion 

353
00:21:13,800 --> 00:21:17,900
and say, okay, you know what 
this is, this is not something 

354
00:21:17,900 --> 00:21:21,000
that we wouldn't do for others. 
Lets, you know, let's just full 

355
00:21:21,000 --> 00:21:23,500
steam ahead, provide this for 
everyone or provide this for 

356
00:21:23,500 --> 00:21:24,900
this person. 
If someone else asks, we can 

357
00:21:24,900 --> 00:21:28,100
provide it for them as well. 
Now when we think about that, 

358
00:21:28,100 --> 00:21:31,500
providing for others. 
And we think about, you know, 

359
00:21:31,500 --> 00:21:36,900
setting precedents, I do want to
be clear that people have 

360
00:21:36,900 --> 00:21:40,200
different experiences, people 
have different opportunities, 

361
00:21:40,200 --> 00:21:43,500
different challenges, different 
medical needs just because you 

362
00:21:43,500 --> 00:21:48,600
provide one accommodation, for 
one person with one medical 

363
00:21:48,600 --> 00:21:50,300
condition. 
Doesn't mean you're going to 

364
00:21:50,308 --> 00:21:54,300
provide the same accommodations 
for another person with the same

365
00:21:54,300 --> 00:21:56,400
medical condition. 
Their request could be two, 

366
00:21:56,400 --> 00:22:00,800
totally different request, the 
point in A precedent is making 

367
00:22:00,800 --> 00:22:05,500
sure that if someone presents 
the same thing as another person

368
00:22:05,500 --> 00:22:09,000
that they are, then treated 
equally the, the president is 

369
00:22:09,000 --> 00:22:11,600
set, right? 
So, those who have the same 

370
00:22:11,600 --> 00:22:15,000
medical condition in the same 
request as another person with a

371
00:22:15,008 --> 00:22:18,100
medical condition in the same 
request that they have the same 

372
00:22:18,100 --> 00:22:21,800
access to those accommodations 
that you've already set. 

373
00:22:22,600 --> 00:22:26,300
It's not to say that everyone's 
going to be completely the same 

374
00:22:26,300 --> 00:22:29,100
or that every accommodation is 
going to be completely the same.

375
00:22:29,500 --> 00:22:32,900
But rather that if you 
accommodate one person by 

376
00:22:33,200 --> 00:22:37,100
sitting every 15 minutes, giving
them to lunches and taking them 

377
00:22:37,100 --> 00:22:40,400
off of, you know, off of their 
feet or off of the sales floor 

378
00:22:40,400 --> 00:22:43,100
and putting them as a cashier 
that if someone else with the 

379
00:22:43,100 --> 00:22:46,600
same presenting requests can 
have access to that 

380
00:22:46,600 --> 00:22:50,600
accommodation as well. 
So I hope that that is clear and

381
00:22:51,100 --> 00:22:54,500
that that made sense because I 
realize I'm kind of like going 

382
00:22:54,500 --> 00:22:58,500
through a few of these examples 
at one time but this is the 

383
00:22:58,500 --> 00:23:00,500
reality of age. 
Are like things could be 

384
00:23:00,500 --> 00:23:03,700
happening at all at once and 
million, things could be 

385
00:23:03,700 --> 00:23:05,500
happening all at once and they 
could all be urgent and 

386
00:23:05,500 --> 00:23:09,900
important and we have to figure 
out what precedent has been set.

387
00:23:10,100 --> 00:23:14,200
How is this different if if at 
all from a prior situation or 

388
00:23:14,200 --> 00:23:15,800
the precedent that was already 
set? 

389
00:23:16,100 --> 00:23:20,200
And if this is something new, 
what precedent are, we willing 

390
00:23:20,200 --> 00:23:23,300
to set in the event, that 
something else occurs. 

391
00:23:23,900 --> 00:23:27,600
So I want to give another 
example here if someone requests

392
00:23:27,600 --> 00:23:31,400
to go out for a I'll leave 
because their child is getting 

393
00:23:31,400 --> 00:23:34,400
married and they want to take 
five weeks off because they're 

394
00:23:34,400 --> 00:23:36,600
getting married in about another
country. 

395
00:23:37,200 --> 00:23:39,100
That is not a job protected, 
leave? 

396
00:23:39,100 --> 00:23:42,000
Right in a personal leave and 
unpaid personal leave, and 

397
00:23:42,000 --> 00:23:44,700
unpaid leave. 
Sometimes, you know if it's if 

398
00:23:44,700 --> 00:23:48,300
it's not attributed to a job 
protected, leave those are 

399
00:23:48,400 --> 00:23:55,000
totally at the employees risk 
and a and, you know, there it's 

400
00:23:55,000 --> 00:23:58,100
their prerogative, right? 
So, if someone is requesting 

401
00:23:58,100 --> 00:24:04,800
this five-week, Leave and you 
approve it someone else, whether

402
00:24:04,800 --> 00:24:09,500
it's two months, five years 
year, later, if they present the

403
00:24:09,500 --> 00:24:12,700
same request and they say, I 
want to take five weeks off or 

404
00:24:12,700 --> 00:24:16,900
even four weeks off for my 
child's wedding or for, you 

405
00:24:16,900 --> 00:24:18,900
know, to travel to another 
country. 

406
00:24:18,900 --> 00:24:24,200
For a family member, who needs 
me, you have to be able to 

407
00:24:25,300 --> 00:24:29,300
reasonably, like, mitigate any 
risk there to ensure that people

408
00:24:29,500 --> 00:24:33,800
Are being treated equitably and 
that there is equal opportunity 

409
00:24:33,800 --> 00:24:37,400
to these accommodations. 
Now, I know some of you might be

410
00:24:37,400 --> 00:24:39,400
thinking, well there it's not a 
job protected leave. 

411
00:24:39,400 --> 00:24:41,000
We don't have to accommodate 
them at all. 

412
00:24:41,000 --> 00:24:44,300
And you're right if a company 
says, we're not making any 

413
00:24:44,300 --> 00:24:47,300
exceptions to. 
This were not allowing personal 

414
00:24:47,300 --> 00:24:51,000
leaves for any, you know, 
travel-related anything. 

415
00:24:51,000 --> 00:24:52,600
Like, it has to be a job 
protected. 

416
00:24:52,600 --> 00:24:56,400
Leave, or it has to be PTO, you 
totally can do that. 

417
00:24:56,600 --> 00:24:59,300
There are companies out there 
that don't choose to do that. 

418
00:24:59,600 --> 00:25:03,100
Allow personal leaves, but have 
some policies around it. 

419
00:25:03,100 --> 00:25:06,400
That's a, you know, no more than
four weeks or no more than three

420
00:25:06,400 --> 00:25:10,100
weeks and you have to use your 
PTO to on top of that, which 

421
00:25:10,100 --> 00:25:12,600
then actually would be job 
protected because they're being 

422
00:25:12,600 --> 00:25:16,500
paid for that time. 
But you know, and that's that is

423
00:25:16,500 --> 00:25:20,200
totally and ultimately up to the
company's discretion. 

424
00:25:20,600 --> 00:25:25,200
But I do, you know, want to be 
clear that when it comes to 

425
00:25:25,200 --> 00:25:27,600
accommodations even though that 
is not necessarily an 

426
00:25:27,600 --> 00:25:31,000
accommodation that it does. 
Does result in setting a 

427
00:25:31,000 --> 00:25:33,500
precedent. 
So whether it's an accommodation

428
00:25:33,500 --> 00:25:36,900
for someone who has a learning 
disability or a physical 

429
00:25:36,900 --> 00:25:41,800
disability, doesn't it you know 
those the the access to 

430
00:25:41,800 --> 00:25:45,900
accommodation and reasonable 
accommodation is the right of 

431
00:25:45,900 --> 00:25:49,900
that employee and Our obligation
as Leaders to ensure that they 

432
00:25:49,900 --> 00:25:55,300
have access to those things just
as much as someone who is asking

433
00:25:55,300 --> 00:25:58,600
to be placed on a nun job 
protection on job protected, 

434
00:25:58,600 --> 00:26:03,300
leave We can either choose to 
accommodate and, you know, 

435
00:26:03,300 --> 00:26:09,200
enable this leave for them or 
time off for them, or we can 

436
00:26:09,200 --> 00:26:13,900
choose not to accommodate. 
But again, there isn't that same

437
00:26:13,900 --> 00:26:17,300
requirement to accommodate 
because it's not necessarily a 

438
00:26:17,308 --> 00:26:19,500
medical condition, right? 
So hopefully you can see the 

439
00:26:19,500 --> 00:26:22,800
differences there. 
The other thing that I want to 

440
00:26:22,800 --> 00:26:26,200
point out is that sometimes 
people are not necessarily going

441
00:26:26,200 --> 00:26:30,200
to come to you with a request 
for, An accommodation. 

442
00:26:30,700 --> 00:26:34,100
They might even go to their 
leaders and say, oh, I need to 

443
00:26:34,100 --> 00:26:37,700
like take an extra hour in the 
day to do X Y, or Z. 

444
00:26:37,700 --> 00:26:41,600
Because, you know, I have to sit
down like, my feet are starting 

445
00:26:41,600 --> 00:26:44,800
to swell up, right? 
Whatever that might be, or my I 

446
00:26:44,800 --> 00:26:48,600
get headaches after looking at 
the computer for two hours 

447
00:26:48,600 --> 00:26:52,500
straight. 
So I need to take breaks in, in 

448
00:26:52,500 --> 00:26:56,000
our world that might trigger 
immediately for us to start 

449
00:26:56,000 --> 00:26:59,300
having a conversation about, you
know, what is beyond this and 

450
00:26:59,500 --> 00:27:02,900
There needs to be an interactive
discussion, but it's also our 

451
00:27:02,900 --> 00:27:07,100
responsibility to ensure that 
all Business Leaders are clear 

452
00:27:07,100 --> 00:27:10,400
on like what should trigger a 
light bulb moment in their minds

453
00:27:10,400 --> 00:27:13,500
to partner with HR. 
So I would encourage all of you 

454
00:27:13,500 --> 00:27:17,300
at some point if you are 
responsible for training or if 

455
00:27:17,300 --> 00:27:20,300
you are a you know working with 
other leaders within the 

456
00:27:20,300 --> 00:27:23,800
organization directly that there
is some sort of created 

457
00:27:23,800 --> 00:27:28,000
awareness around this, in my 
experience, most of the time 

458
00:27:28,000 --> 00:27:31,800
there isn't a whole lot of 
Awareness, unless there is that 

459
00:27:31,800 --> 00:27:34,500
training from The Business 
Leaders, from other Business 

460
00:27:34,500 --> 00:27:38,800
Leaders outside of HR because 
it's, it's not their specialty, 

461
00:27:38,800 --> 00:27:41,600
right? 
So a leader might say, oh, yeah,

462
00:27:41,600 --> 00:27:45,200
you know, they've been they've 
been taking breaks every two 

463
00:27:45,200 --> 00:27:47,400
hours because of their 
headaches, it's no problem. 

464
00:27:48,000 --> 00:27:50,800
But for you, as an HR leader, 
your light bulb is going off. 

465
00:27:50,800 --> 00:27:54,600
You're like well actually that's
not it's probably not a problem 

466
00:27:54,600 --> 00:27:57,500
but we have a process that we 
have to go to in the future. 

467
00:27:57,500 --> 00:28:03,300
Make sure you partner with me if
at Point someone's job is being 

468
00:28:03,300 --> 00:28:07,100
altered or limited or the work 
that they can do it has 

469
00:28:07,100 --> 00:28:10,400
limitations because that 
triggers a potential need to go 

470
00:28:10,400 --> 00:28:13,800
through an interactive process 
for accommodations and that is 

471
00:28:13,800 --> 00:28:16,200
like most of the time. 
I feel like the training happens

472
00:28:16,200 --> 00:28:19,400
on the job when something comes 
up and there's a learning 

473
00:28:19,400 --> 00:28:22,000
moment. 
So just keep that in mind that 

474
00:28:22,000 --> 00:28:25,600
not everyone is going to know 
these things and so we have to 

475
00:28:26,000 --> 00:28:29,300
again do our due diligence to 
level set expectations. 

476
00:28:29,400 --> 00:28:32,600
Nations and ensure that all 
leaders especially people 

477
00:28:32,600 --> 00:28:38,100
leaders are familiar with or 
where of processes like this so 

478
00:28:38,100 --> 00:28:40,800
that they can at least 
immediately partner with you. 

479
00:28:41,100 --> 00:28:43,900
I always kind of say that, you 
know, if at any point someone's 

480
00:28:43,900 --> 00:28:48,300
job changes or like what they 
can do within their job changes.

481
00:28:48,300 --> 00:28:52,900
If they ever expressed that they
need to work differently or 

482
00:28:52,900 --> 00:28:55,900
have, you know, I don't want to 
use the word accommodations but 

483
00:28:55,900 --> 00:29:00,000
have some sort of accommodation 
made by you with The team that 

484
00:29:00,000 --> 00:29:04,400
they have to immediately partner
with HR because not only is this

485
00:29:04,500 --> 00:29:06,300
an obligation for us to that 
employee. 

486
00:29:06,300 --> 00:29:11,000
But also we want to make sure 
that the that you as leader are 

487
00:29:11,000 --> 00:29:16,300
not setting a precedent that we 
can't maintain and that is kind 

488
00:29:16,300 --> 00:29:19,400
of where you also start to build
better relationships, right? 

489
00:29:19,400 --> 00:29:23,500
If you are clued into and have a
pulse on what's going on, within

490
00:29:23,500 --> 00:29:27,700
the organization and you're 
available to these leaders for 

491
00:29:27,700 --> 00:29:31,100
supportive moments like this, 
This I find that those are 

492
00:29:31,400 --> 00:29:34,500
hugely impactful on building 
relationships as well. 

493
00:29:34,800 --> 00:29:39,100
So hopefully now that you've 
heard hopefully that you've 

494
00:29:39,100 --> 00:29:43,200
listened to episode 114 with 
Alex and we're thinking about 

495
00:29:43,200 --> 00:29:48,200
actively how we can ensure that 
we are providing a safe and 

496
00:29:48,200 --> 00:29:52,800
accommodating work for some or I
should say workplace for people 

497
00:29:53,200 --> 00:29:55,800
with learning disabilities, 
physical disabilities, mental 

498
00:29:55,800 --> 00:29:58,700
disabilities, whatever right, 
emotional disabilities. 

499
00:30:00,300 --> 00:30:05,800
And, you know, Etc, I should say
that you now are equipped or 

500
00:30:05,800 --> 00:30:08,800
better equipped hopefully with 
the tools that you need to 

501
00:30:08,800 --> 00:30:12,400
ensure that you are providing 
reasonable accommodation and 

502
00:30:12,400 --> 00:30:16,500
that you do feel confident. 
If for whatever reason, the 

503
00:30:16,500 --> 00:30:20,000
accommodation would cause undue 
hardship on the business that 

504
00:30:20,000 --> 00:30:22,700
you are confident in what that 
looks like as well. 

505
00:30:22,900 --> 00:30:26,400
And I just want to close with 
saying that, if you do not have 

506
00:30:26,400 --> 00:30:31,900
someone, that is a legal Entity 
and Eternity in an attorney or 

507
00:30:31,900 --> 00:30:36,900
someone that can support you in 
these decisions based on their 

508
00:30:36,900 --> 00:30:40,400
experience, or their skill set, 
or their expertise that you, I 

509
00:30:40,400 --> 00:30:44,500
strongly encourage that you take
partner before you make any of 

510
00:30:44,500 --> 00:30:47,200
these decisions. 
So whether it's an attorney, or 

511
00:30:47,200 --> 00:30:51,700
a more experienced HR leader, 
you should make sure that you 

512
00:30:51,700 --> 00:30:56,100
are clear on your your 
obligations and what you are 

513
00:30:56,100 --> 00:30:58,000
providing. 
It's not to say that every time 

514
00:30:58,000 --> 00:31:00,500
you approve an accommodation 
Going to talk to your attorney, 

515
00:31:00,500 --> 00:31:02,500
you shouldn't be doing that. 
It's very expensive, don't do 

516
00:31:02,500 --> 00:31:06,000
that. 
But if you are about to deny an 

517
00:31:06,000 --> 00:31:09,500
accommodation request, or if you
are concerned about an 

518
00:31:09,500 --> 00:31:12,300
accommodation request, I would 
strongly encourage that. 

519
00:31:12,300 --> 00:31:16,500
You take an attorney as partner.
And then anything in between 

520
00:31:16,500 --> 00:31:20,000
taking another HR experienced, 
HR leader as a partner as 

521
00:31:20,000 --> 00:31:23,100
helpful as well. 
Inclusive of those moments where

522
00:31:23,100 --> 00:31:25,100
you might be reaching out to an 
attorney as well. 

523
00:31:26,000 --> 00:31:29,900
So with that, I think that 
concludes all of the HR stuff 

524
00:31:29,900 --> 00:31:33,800
that people usually find boring.
And so I hope I was able to 

525
00:31:33,800 --> 00:31:39,100
provide some energy to this 
subject because I do think it's 

526
00:31:39,100 --> 00:31:43,400
really important that were clear
on again on our obligations and 

527
00:31:43,700 --> 00:31:45,600
on what the employees rights 
are. 

528
00:31:45,600 --> 00:31:47,900
So and these are at the end of 
the day, you're an employee to. 

529
00:31:47,900 --> 00:31:49,200
So you should know your rights 
also. 

530
00:31:49,900 --> 00:31:52,900
But thank you all so much for 
being here for another week. 

531
00:31:53,200 --> 00:31:55,500
You know what to do, I'm going 
to see you next. 

532
00:31:55,600 --> 00:31:57,600
Week. 
I don't think there's a guest 

533
00:31:57,600 --> 00:32:01,000
episode next week, but 
regardless, I'll see you there, 

534
00:32:01,200 --> 00:32:03,800
please, you know, if you have 
any additional questions on 

535
00:32:03,800 --> 00:32:07,400
this, please feel free to 
contact me via email at contact.

536
00:32:07,400 --> 00:32:12,600
HR Tracy.com or through my DMs 
on Instagram or on LinkedIn and 

537
00:32:12,600 --> 00:32:14,100
I'll see you next week. 
Take care. 

538
00:32:14,900 --> 00:32:18,100
Hey just before you go don't 
forget to subscribe to the show 

539
00:32:18,100 --> 00:32:21,000
so that you are the first to 
hear when an episode drops each 

540
00:32:21,000 --> 00:32:24,500
week and maybe leave a five star
review and a comment about how 

541
00:32:24,500 --> 00:32:26,000
much you loved this episode. 
Sewed. 

542
00:32:26,000 --> 00:32:28,400
Plus if you have someone in 
mind, who would really enjoy 

543
00:32:28,400 --> 00:32:29,900
this episode? 
Make sure you share it with 

544
00:32:29,900 --> 00:32:31,700
them. 
Thank you so much for tuning in 

545
00:32:31,700 --> 00:32:33,200
and I'll see you next week.