Return on Return on Investment: Investment:

Accommodating an Accommodating an Employee’s Return to Work Employee’s Return to Work

after Injury, Illness or after Injury, Illness or DisabilityDisability

Patrick Reinhart, Business and Industry LiaisonRich Sanders, Alaska Works Program CoordinatorGovernor’s Council on Disabilities and Special Education

Who Are We?Who Are We?The purpose of the Governor's

Council on Disabilities and Special Education is to create change that improves the independence, productivity and inclusion of people with disabilities in their communities.

The Council conducts advocacy, capacity building and systems change activities to create change for Alaskans with disabilities.

Alaska Works InitiativeAlaska Works Initiative Mission: Alaskans who experience disabilities

are employed at a rate as close as possible to that of the general population.

Goal 1: Transform Medicaid programs to emphasize employment and meet the needs of working Alaskans with disabilities. ◦Build the capacity of behavioral health

programs and home and community based waiver programs.

◦ Implement strategies to increase work as an expectation amongst Adult Public Assistance (APA) recipients.

◦Facilitate targeted improvements to Medicaid programs to support employment of people with disabilities.

Alaska Works InitiativeAlaska Works InitiativeGoal 2: Ensure access to resources

needed by Alaskans with disabilities to secure and maintain employment. ◦ Provide training and information to increase

use of the Medicaid Buy-in, Ticket-to-Work, benefits counseling and other work-related resources.

◦ Implement strategies to meet employment needs of youth with disabilities.

◦ Assist people with disabilities to accumulate assets. Increase affordable housing, transportation and other resources.

Alaska Works Initiative Alaska Works Initiative Goal 3: Collaborate with business and

industry to assist youth and adults with disabilities to secure employment in Alaska’s labor market. ◦ Implement strategies to make the State of Alaska

a model employer. ◦ Market abilities of individuals with disabilities to

business and industry. ◦ Develop strategies to increase amount of

Alaskans with disabilities in apprenticeships, vocational training and post-secondary education.

◦ Develop policy to promote self-employment of people with disabilities.

Why Do We CareWhy Do We CareThe percentage of people with disabilities

in the labor force is 22.2 % compared with 71.2% for persons with no disability.

The unemployment rate for with disabilities is 16.9%, compared with 9.3% for persons with no disability, not seasonally adjusted.

By most estimates, a vast majority (over 60%) of persons with disabilities age 18-64 are not working and depend upon some type of government assistance.

In Alaska, there are over 18,000 people on SSI or SSDI age 18-64 who could work if given the opportunity.

Goals of today’s session:Goals of today’s session:Learn ways to get injured or ill

workers back in the workplace.Learn demonstrated Employer

Successes.Lean about assistive technologies

and job accommodations, that are easy and won’t “break the bank.”

Learn about recent changes to the ADA and what it means for the employer.

Facilitating Return to Work Facilitating Return to Work after Injury, Illness or after Injury, Illness or DisabilityDisability

Primary Strategies◦Open lines of communication◦Contact with the insurance company◦Reintegration to work◦Flexibility◦Protecting the returning worker’s privacy◦Support and continuing support

Sources: The Office of Disability Employment Policy, U.S. Department of Labor "When Catastrophe Strikes: What Employers Can Do," SPINAL Column, the

Magazine of Shepherd Center, Summer 2000 Dr. Joel Moorhead, M.D., a former member of the President's Committee on

Employment of People with Disabilities, and currently with Disability Management Services, Prudential Insurance

Open Lines of Open Lines of CommunicationCommunicationMaintain contact with the individual or

their family (if appropriate).Answer questions about leave and

benefits.Pay them a visit (if possible and

appropriate).Ask they what they want shared (if

anything).Maintain contact and keep them

informed of workplace developments.Assure them you welcome hearing from

them.

Contact with the Insurance Contact with the Insurance CompanyCompany

Provide the worker with insurance and/or worker’s compensation information and forms.

Be available to answer questions from the carrier.

Contact the benefits department.◦Shows your interest in the employee and their

well being and expect them to be treated well.If the insurance company provides a

nurse consultant, ensure they get in contact.

Reintegration to WorkReintegration to WorkLet them know you are interested in

their return to workDiscuss possible work modifications

with the employee and a professional rehabilitation specialist (A.T. Specialist, O.T., P.T., V.R. Counselor, etc.)

If changes are being made prior to returning to work, make sure the employee is kept informed of them.

FlexibilityFlexibilityOffer flexible work schedules and

methods in the early stages.◦Make sure you discuss the length of these

arrangements and prepare for changes.If requested and appropriate send the

employee’s mail, memos and informational materials home prior to their return.

Make work schedule accommodations for rehabilitation.

Protecting the Worker’s Protecting the Worker’s PrivacyPrivacyFederal laws protect worker privacy.You may share information with person’s at

the workplace if:◦ the worker's duties or abilities will be restricted,

you may give the supervisors and managers the information about those restrictions or accommodation.

◦ the worker's condition might require emergency treatment, you may inform first aid and safety personnel about the condition, where appropriate.

Otherwise, do not share the worker’s condition, health status or physical limitations with anyone.

Support and Continuing Support and Continuing SupportSupportBe open to co-workers positive

suggestions to make their colleagues return easier and less stressful.

Provide support to co-workers during the return to work process.

Continue to keep open lines of communication with the returning worker.

Let them know they continue to be a valuable member of the work team.

Types of Job Types of Job AccommodationsAccommodationsWorkplace modifications

◦ Environmental◦ Ergonomic◦ Assistive Technologies

Work schedule modifications◦ Workday adjustments

Flexible hours Changes to daily schedule

◦ Tele-workWork task modifications

◦ Interpreters◦ Readers

Environmental Environmental AccommodationsAccommodationsLightingNoise reductionTemperatureLevel of customer contactAccess to the workspace

Ergonomic Ergonomic AccommodationsAccommodationsSeatingAccess to files

◦Lazy SusansComputer access

◦Heights Monitor Keyboard/mouse Desk Access to computer bays

Office equipment and tools◦Automatic staplers, hole punches,

scissors, ◦Ergonomic writing tools

Assistive Technologies Assistive Technologies “Barrier Busters”“Barrier Busters”

Computer AccessLow Vision / BlindnessHard of Hearing / DeafAugmentative CommunicationEnvironmental ControlsAids for Daily Living

Computer Access and UseComputer Access and UseVoice RecognitionScreen ReadingScreen MagnificationAlternative Keyboards and Mice

Low Vision / BlindnessLow Vision / BlindnessMagnifiersVideo MagnificationScan and Read SoftwareScreen Reader SoftwareLarge Print (phones, copies,

labels)

Hard of Hearing / DeafHard of Hearing / DeafPersonal amplificationPhone amplificationFM SystemsAlert systemsTTY’sVideo Relay Services

Augmentative Augmentative CommunicationCommunication

Voice output devices (Aug Comm devices)◦Low Tech◦High Tech

Laptop with voice outputDual input devices

Environmental ControlEnvironmental ControlComputer basedVoice recognition“Switch” accessNoise reduction systemsAlternative lighting

Aids for Daily LivingAids for Daily LivingTalking WatchesPocket MagnifiersReminder devicesCell Phones

Resources for Assistive Resources for Assistive TechnologiesTechnologiesAssistive Technology of Alaska

(www.atlaak.org)Wisconsin Assistive Technology

Checklist ( http://www.tcnj.edu/~caties/documents/ATChecklistWATI.pdf )

ABLEDATA (http://www.abledata.com ) Alaska’s One Stop Job Center Network

(http://www.jobs.state.ak.us/)Alaska’s Independent Living Centers

◦Access Alaska (http://www.accessalaska.org/)◦S.A.I.L. (http://www.sailinc.org/)◦Kenai Peninsula Independence Living Center

(http://www.peninsulailc.org/)

Job Accommodation Job Accommodation ProcessProcessStep 1: Decide if the employee with a disability

is qualified to perform the essential functions of the job with or without an accommodation.

Step 2: Identify the employee's workplace accommodation needs by: ◦ involving the employee who has the disability in

every step of the process; ◦ employing confidentiality principles while

exploring ways to provide workplace accommodations;

◦ consulting with rehabilitation professionals, if needed;

◦ using job descriptions and job analyses to detail essential functions of the job; and

◦ identifying the employee's functional limitations and potential accommodations

Job Accommodation Job Accommodation ProcessProcess Step 3: Select and provide the accommodation

that is most appropriate for the employee and employer. ◦ Costs should not be an undue hardship. ◦ Accommodations selected should be effective, reliable,

easy to use, and readily available for the employee needing the accommodation.

◦ An employee should try the product or piece of equipment prior to purchase.

Step 4: Check results by: ◦ monitoring the accommodation to see if the adaptation

enables the employee to complete the necessary work task(s); and

◦ periodically evaluating the accommodation(s) to ensure effectiveness.

Step 5: Provide follow-up, if needed, by: ◦ modifying the accommodation if necessary; or ◦ repeating these steps if appropriate.

Available Tax CreditsAvailable Tax CreditsDisabled Access Tax Credit:

◦This is a tax credit available to an eligible small business in the amount of 50 percent of eligible expenditures that exceed $250 but do not exceed $10,250 for a taxable year.

Architectural Barrier Tax Deduction:◦Businesses may deduct up to $15,000 of

the costs incurred each year to remove physical, structural, or transportation barriers in the workplace.

Available Tax CreditsAvailable Tax CreditsWork Opportunity Tax Credit

◦ A tax credit for employers who hire certain targeted low-income groups, including vocational rehabilitation referrals, former AFDC recipients, veterans, ex-felons, food stamp recipients, summer youth employees, and SSI recipients.

The consolidated WOTC for hiring most target group members can now be as much as:◦ $2,400 for each new adult hire;◦ $1,200 for each new summer youth hire,◦ $4,800 for each new disabled veteran hire, and◦ $9,000 for each new long-term family

assistance recipient hired over a two-year period.

The Ticket to Work and The Ticket to Work and Employer NetworksEmployer NetworksEmployment Networks

◦Any agency or instrumentality of a state (or political subdivision), or a private entity that takes responsibility for the actual delivery of services or the coordination/referral of services is eligible to apply to be an Employment Network (EN).

◦Employment Networks can be a single entity, a partnership or alliance of entities (public and/or private), or a consortium of organizations collaborating to combine resources to serve Ticket-holders.

Employment Networks Employment Networks PaymentsPayments

New EN Milestone-Outcome Payment System (2009 figures)*

Payment Type Beneficiary Earnings SSDI Payment SSI Payment Amount Amount

Phase 1 Milestones Milestone 1 $350 for one calendar month $1, 211 $1, 211 Milestone 2 $700/mo. x 3 mos. w/in 6 mos. (cumulative) $1, 211 $1, 211 Milestone 3 $700/mo. x 6 mos. w/in 12 mos. (cumulative) $1, 211 $1, 211 Milestone 4 $700/mo. x 9 mos. w/in 18 mos. (cumulative) $1, 211 $1, 211 Total Potential Phase 1 Milestones $4,844 $4,844

Phase 2 Milestones Gross Earnings > SGA ($980/$1640)** $363 a month for $207 a month for up to 11 months up to 18 months $363 x 11 = $3,993 $207 x 18 = $3,726

Total Potential Phase 1 + 2 Milestones $8,837 $8,570

Monthly Outcome Payments Earnings > SGA ($980/$1640/month)** $363 a month for $207 a month forand federal cash benefit = $0 up to 36 months up to 60 months $363 x 36 = $13,068 $207 x 60 = $12,420

Total Potential Milestone and Outcome Payments $21, 905 $20,990

Demonstrated Employer Demonstrated Employer SuccessSuccess

JAN – Job Accommodation JAN – Job Accommodation NetworkNetworkService of the Office of Disability

Employment Policy◦Free resource for questions about:

Job Accommodations The Americans with Disabilities Act Confidential Maintains a database of previous

accommodations

Navigating the ADAAA Navigating the ADAAA

Business and Advocate Support Passed 9/25/08 Effective 1/1/09

NAVIGATING THE ADAAA NAVIGATING THE ADAAA

Provide a National Mandate for the Elimination of Discrimination Reinstate a Broad Scope of Protection to Be Available Under the ADA

= Broader Definition of Disability

ADAAA: Overall Purpose

Navigating the ADAAA Navigating the ADAAA

Definition of Disability: Same as the Old DefinitionAn individual who:

has a physical or mental impairment which substantially limits one or more major life activities;

has a record of such an impairment; or is regarded as having such an impairment.

Navigating the ADAAA Navigating the ADAAA

Definition of Disability: Substantially Limits – Will Not Be As High a Standard

 No regulations yet EEOC is writing them

Navigating the ADAAA Navigating the ADAAA

Examples From Old Definition: Multiple Sclerosis, extreme fatigue ≠ disability

(not enough, can still do things) Sleep Disorder, 2 ½ hours of sleep ≠ disability

(can still sleep) Stroke, problems learning new tasks ≠ disability

(just glitches) Cancer, side effects from chemo ≠ disability

(short-term)

Navigating the ADAAA Navigating the ADAAA Definition of Disability: Mitigating Measures – Will Not Be ConsideredThings Such As:

 medication, medical supplies, equipment, low-vision, prosthetics, hearing aids and cochlear implants, mobility devices, oxygen therapy equipment and supplies use of assistive technology reasonable accommodations or auxiliary aids or services learned behavioral or adaptive neurological modifications

 

NOT: Ordinary eyeglasses or contact lens

Navigating the ADAAA Navigating the ADAAA Definition of Disability: Major Life Activities – Expanded Definition 

Include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working.  Also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, reproductive functions.

Navigating the ADAAA Navigating the ADAAA

Definition of Disability: Episodic or in Remission Consider as if active

Navigating the ADAAA Navigating the ADAAA

Definition of Disability: Regarded As – Very Broad, No Substantially Limits Requirement

Subjected to an action prohibited under the ADA because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity

Does not apply to impairments that are transitory (6 months or less) and minor

Reasonable Accommodation: Same As It Reasonable Accommodation: Same As It WasWasEmployers:can choose among effective accommodation

options do not have to provide accommodations that

pose an undue hardship do not have to provide personal use items

needed in accomplishing daily activities both on and off the job

do not have to make an accommodation for an individual who is not otherwise qualified for a position

do not have to remove essential functions, create new jobs, or lower production standards

Navigating the ADAAA

BENEFITS & COSTSBENEFITS & COSTS

Employers who contact JAN were asked if they would be willing to participate in a user-satisfaction survey. Approximately 8 weeks after the initial call, they were contacted. They were asked a series of questions about their experience with JAN and what occurred after that contact.

JAN Study

Benefits & CostsBenefits & Costs

1,182 employers interviewed between January, 2004, and December, 2006 366 employers interviewed between June 28, 2008, and July 31, 2009

Total of 1,548 Employers

Benefits & CostsBenefits & Costs

RESULTS: Over half of accommodations (56%) were made at no cost. Of the 37% who experienced a one-time cost to make an accommodation, the typical cost of accommodating an employee was $600. Only 23 (5%) said the accommodation resulted in an ongoing, annual cost to the company and 9 (2%) said the accommodation required a combination of one-time and annual costs.

Benefits & CostsBenefits & Costs

Direct BenefitsRetained a valued employee 88%Increased the employee’s productivity 72%Eliminated costs of training a new employee 59%

Indirect BenefitsImproved interactions with co-workers 69%Increased overall company morale 61%Increased overall company productivity 57%

Contact JANContact JAN(800) 526-7234 (V)

(877) 781-9403 (TTY)http://www.jan.wvu.edu

jan@jan.wvu.edu

Navigating the ADAAA

What Can You Do?What Can You Do?

Upcoming events for Upcoming events for BusinessesBusinessesDisability Employment

Awareness MonthCareer XDisability Employment Forum

◦November 12 – Anchorage

Let us be your resource!Let us be your resource!

Contact InformationContact InformationPatrick ReinhartBusiness and Industry Liaison (907) 269-8554patrick.reinhart@alaska.gov

Rich SandersAlaska Works Program Coordinator(907) 269-5703richard.sanders@alaska.gov