The key point about the interactive process is that it needs to be truly interactive. A series of emails is probably not going to be sufficient. You need to have a conversation, preferably face-to-face. And because the HR representative holding this discussion is probably not really aware of the job being discussed you need to have someone who knows the job involved with the discussion as well. You need to look at job functions, the job description, and current medical documentation of the employee's condition. The current condition is important because time may have passed from the original situation and physical changes may have occurred (for better or worse.)
The second key point about the interactive process is that it needs to be well documented. You need to have:
- Dates and times communication is attempted.
- Dates and times conversations actually occured and who was involved.
- What options were considered and what was rejected and the reasons why those rejections were made.
- When the employee was notified of the decision and any ensuing discussions that took place.
So for those of you who have not revised your process you need to take a look at your policy, your procedures, and your documentation processes to make sure you are prepared to handle the new demands of the interactive process. This law makes it much easier for people to claim a disability. So good preparatin is important. Good luck.