An employer's willingness to return a disabled employee to work with an accommodation is often dependent on a variety of factors, including the type of accommodation that is needed and whether or not such an accommodation would impose an undue hardship on the business.
A vocational rehabilitation counselor is experienced at helping identify appropriate accommodations that have minimal impact on the operation of a business. Often, vocational counselors are able to return disabled employees to work with relatively minor accommodations. Working with a vocational counselor is win-win. You retain your talent and help maintain regulatory compliance while also demonstrating a commitment to returning employees to wellness.
The role of the vocational rehabilitation counselor
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If you're reading this, you'll likely agree that work is healthy. It provides us with the financial means to pursue our lifestyles and with the social interaction and professional challenges we need to thrive. Vocational rehabilitation counselors embrace this philosophy wholeheartedly. Employed by your disability insurance carrier, they work with disability case managers and/or employers to evaluate an employee's ability to return to work—whether in the same job or a different role with the same employer, or in a new opportunity altogether. This evaluation can include a review of the employee's occupation, education, geography, and needed accommodations. Depending on the need, vocational rehabilitation counselors might stay in close contact with employers to help employees transition to a productive life.
Three benefits to engaging in a return-to-work discussion
No. 1: You retain the talent you've cultivated
A study conducted by the Job Accommodation Network, a service of the U.S. Department of Labor's Office of Disability Employment Policy, revealed that of employers who made accommodations, 90 percent say they retained a valued employee. This is an especially important statistic for those of us responsible for hiring and training talent. With the average job tenure in the United States at 4.6 years, a new employee might have a learning curve before she or he reaches full productivity.
In a compilation of case studies by the Center for American Progress, researchers demonstrated that it can cost businesses about one-fifth of a worker's salary to replace that worker. While there might be costs associated with temporarily covering duties when an employee is out on claim, returning an experienced employee to work means you won't incur hiring and training expenses. Further, the costs for some accommodations, like adaptive equipment, might be offset by the insurance carrier.
No. 2: You improve compliance
The cost of training new employees pales in comparison to some recent litigation costs. Under the Americans with Disabilities Act and state disability discrimination laws, employers have broad legal obligations to provide reasonable accommodations that enable disabled employees to return to work. In addition, these laws require employers to engage in a good-faith interactive process with a disabled employee to determine whether a reasonable accommodation can be made.
Working with a vocational counselor helps you comply with the ADA and state disability discrimination laws by creating a vehicle for an interactive process regarding appropriate reasonable accommodations. Vocational counselors have the experience and expertise to help you in evaluating and offering legally required reasonable accommodations.
Judges, juries, and federal and state agencies are increasingly expanding their view of what constitutes a reasonable accommodation and have penalized employers who have been unwilling to demonstrate a genuine willingness to accommodate disabled employees. Failure to provide reasonable accommodations can expose an employer to time-consuming and costly lawsuits. Further, if an employee is successful in such a lawsuit, an employer may face a variety of damages ranging from payment of present and future lost wages to damages for emotional distress.
The U.S. Equal Employment Opportunity Coalition publishes litigation-related developments. Their reports reveal that disability claims are increasing each year, and that failure to engage in the good faith process and provide reasonable accommodations can result in very large monetary awards by the EEOC and state agencies and juries. The EEOC and courts are also increasingly striking down rigid employer policies, such as time limits on leave periods, on the grounds that they violate ADA requirements. Disability discrimination awards range from thousands to millions of dollars. Disability discrimination lawsuits also cause employers to incur significant legal expenses and consume resources who would otherwise be engaged in productive activity.
No. 3: You show a long-term commitment to wellness
The Office of Disability Employment Policy says that return-to-work programs can improve productivity and morale throughout an organization. If your employees enjoy discounted gym memberships, organic foods, stress-reduction seminars, and other preventive health measures, they will appreciate knowing you'll also help them in the event they (like an estimated one in four of today's 20-year-olds) become disabled before retirement.
The Department of Labor maintains that "recruiting and retaining workers with disabilities is one strategy to counter the effects of the aging and shrinking workforce. This untapped labor pool can offer a source of skilled employees and can contribute to increasing retention and reducing turnover."
Engage in return-to-work discussions With growing adaptive technology, success stories like Manny's are bringing to light the importance on focusing on what your employees can do, versus what they can't. You choose your disability carrier for a host of reasons. Among them is the carrier's commitment to your employees if they become disabled. If you believe that healthy work contributes to happier, more fulfilled lives, engage with your carrier's vocational rehabilitation counselor. You may do even more than retain talent and protect the bottom line—you may change someone's life.
Meet Manny: A case study
Manny has diabetic retinopathy, a fast-moving degenerative vision disorder that for Manny was a disabling medical condition. In his words, "It's kind of an insidious disease, because you don't know you have it unless you're checking for it." Manny required several surgeries to protect the sight he had left.
"Mary Ellen was my rehabilitation counselor at Sun Life. Whether it's insurance related or anything else with her, she's always been a person that has cared about everything I've said. I feel like I can call them anytime and they'll be there."
"I found out about SAAVI through Sun Life." The Southern Arizona Association for the Visually Impaired teaches visually impaired people how to adapt and work with their disability."
In close consult with Manny's employer, specifically the group's HR representatives and Manny's direct manager, over two years, Mary Ellen developed Manny's return-to-work plan. With needed accommodations in place, Manny returned to work with the same systems developer responsibilities he had prior to his disability. In his words, "That means I can still do my job whether I'm sighted or not, and that feels good and it does a lot for my morale."
Here is a list of some of the accommodations made by Manny's employer and purchased by Sun Life:
• Large-screen monitor and video magnifier
• Software that enlarges text, can read Braille, and has voice capacity that can read to employee
• A responsive Braille input keyboard
• Office lighting to accommodate low-vision impairment
• Laptop with adaptive software, allowing blind and visually impaired users to read with either a text or speech output or refreshable Braille display.
• Hand-held digital magnifier to assist with reading and writing
As AVP of Disability Claims at Sun Life Financial U.S., Debra Conner is a champion of Sun Life's integrated employee absence and disability solutions.
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