Understanding the reasonable accommodation (RA) process can be challenging. These frequently asked questions (FAQs) are designed to help supervisors and employees better manage and navigate the process.
Frequently Asked Questions (FAQs)
What is an Interim Reasonable Accommodation (IRA) Form?
The Interim RA (IRA) Form is used as a temporary approval (document) approving a reasonable accommodation in good faith while the formal RA process is underway. It removes identified barriers, allowing the employee to continue performing their essential job functions until a final accommodation decision is made.
Who can request an RA?
Employees, job-applicants, and visitors may request an RA. NIH has a legal obligation to provide reasonable accommodation(s) concerning the known physical and/or mental limitations of qualified employees with disabilities, unless it can be shown that such accommodation(s) would pose an undue hardship.
Where can I file an RA request?
Staff should use the NIH Reasonable Accommodations Program (NIH RAP) site to initiate the RA process.
Can an employee request an RA to take care of family member with disability?
RA requests are for the employee only and do not extend to the care of a family member or loved one. If an employee is seeking assistance with care for a loved one or family member, they may work with their supervisor to determine whether the Family and Medical Leave Act or other Workplace Flexibilities are appropriate. While the RA request is processing, a staff may request the IRA.
Why should I implement and approve an IRA?
The IRA provides employees with timely accommodations to remove identified barriers impacting employee’s medical condition, to not exacerbate their medical condition, so they can perform their essential job functions while a long-term accommodation is being determined. The IRA may serve as a trial run of the RA request to determine whether the accommodation is effective and ensure there is no undue hardship to the agency. It also reduces agency liability; and there is no requirement to provide medical documentation to approve an IRA, the agency is acting on good faith by approving an IRA. To obtain a copy of the IRA Form please send a request to [email protected].
Who does the interim IRA guidance apply to?
The interim RA guidance applies to all NIH staff across all Institutes and Centers (ICs). Contractors must reach out to their contracting firms’ respective human resources (HR) departments to request an RA first.
Can contractors request an RA?
Contractors should reach out to their HR contact and follow their company’s specific RA process.
Who can approve an RA or IRA?
The direct supervisor approves a standard RA and an IRA; in most instances, they also render the final decision in the formal process. Certain ICs may require the second-level supervisor to be briefed before a decision is rendered or only a second-level supervisor renders the final decision. Please follow your IC’s policy /or guidelines for approval.
What should I do, as a manager, when an employee submits an RA request?
Once you become aware of an RA request, begin a dialogue (interactive process) with the employee. You may ask them to inform you of their medical limitations. Provide the employee with the IRA form to gather necessary information and engage with them to understand their needs. Work with the employee to agree on temporary accommodations.
How long does it take to approve an IRA?
Supervisors will review and provide interim accommodation or alternative accommodation in the timeliest manner possible. Supervisors are authorized to approve IRAs on a good faith basis, which allows the requesting individual to perform some or all the essential functions of his or her job when ‘all the facts and circumstances known to the agency make it reasonably likely that [the] individual will be entitled to a reasonable accommodation...[and] it is possible to do so without imposing undue hardship on the agency.’
What is an alternative accommodation?
An alternative accommodation is an accommodation provided as a substitute to the original accommodation requested. The supervisor and employee will engage in the interactive process to ensure the alternative accommodation is effective. For example, an employee may request full time telework as their accommodation; however, the position may require in-person, face-to-face customer interactions. If customers are not met in person and the employee is the only person that can perform this job function, the full time telework accommodation would be deemed as having a negative impact to the mission. Instead, the supervisor could offer telework three days a week and allow the employee to schedule all in-person appointments during the two days they are in the office.
How long can an IRA last?
IRAs are temporary and should last only until the final decision for the RA is rendered. The duration can vary based on the employee’s specific situation and the time needed to evaluate the accommodation request.
How do supervisors ensure fair and equitable decision making?
Every request will be reviewed and analyzed on a case-by-case basis. Each decision will be made on an individual basis, by evaluating the essential functions of the position and responsibilities, medical limitations, identified barrier(s), and whether there will be an undue hardship to the agency. The goal is to remove the identified barriers, grant an effective reasonable accommodation, and ensure no undue hardship to the agency.
How do I know if the accommodation provided is reasonable?
Supervisors should assess the accommodation based on the employee’s medical limitations, identified barriers, essential job functions, and any undue hardship to agency. If you have any questions, consult with NIH Equal Employment Opportunity or refer to the Job Accommodation Network (JAN), a resource that provides job accommodation solutions and guidance.
What should I do if the interim accommodation is not working?
If the interim accommodation is not effective, please reengage in the interactive process with the employee and discuss alternative options and consider trialing a new accommodation.
How do I handle a situation where the employee’s condition changes?
If the employee’s condition changes during the interim accommodation period, please reassess the situation and determine if a new or modified accommodation is required.
What if an employee cannot perform an essential function of the job?
Removing significant essential job functions is not a reasonable accommodation. The accommodation should remove barriers so the employee can perform essential functions. Remedial tasks or functions that are part of the position, which other personnel can accomplish, may be reduced or removed. For example, if the accommodation is to telework full time but something needs to be printed in the office, another team member could print the item, as this is a remedial job function. If an employee is unable to perform the essential functions of their position, with or without reasonable accommodation, they may request the accommodation or, as a last resort, a reassignment. Reassignment may be considered if it has been determined that there are no effective accommodations that would enable the employee to perform the essential functions of the position or that all other possible accommodations would pose an undue hardship. Reassignment as a reasonable accommodation must be requested by the requestor.
Can an employee appeal the interim accommodation decision?
There is no appeal process for interim accommodations. An employee may request changes to the accommodation if the provided accommodation is not effective in removing the identified barriers.
When might an interim accommodation be denied?
An interim accommodation may be denied if the employee is not a person with a disability and their request is based on taking care of others with a disability, or when the Family and Medical Leave Act covers the RA request.
Additional Resources
Job Accommodation Network (JAN): A comprehensive tool offering job accommodation solutions and guidance.
JAN RA Training: Slides-April-2025-Go-To-Accommodations.pptx
Equal Employment Opportunity Commission (EEOC): Disability resource that explain the connection to reasonable accommodation.