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Disclaimer

State Management Personnel Manual

2600 Employee Health Service

2620 (K) Reasonable Accommodation (ADA)

.1 BACKGROUND

.110 General Information

.111 At the request of State agencies, EHS will conduct medical evaluations of current and prospective employees who have requested a reasonable accommodation pursuant to the Americans with Disabilities Act (ADA) and NYS Human Rights Law (HRL). The role of EHS is limited to identifying the functional limitations and restrictions imposed by the individual's alleged disability. Based upon this information, the agency is responsible for determining whether the current or prospective employee is an individual with a disability within the meaning of the ADA and/or HRL, and whether or not the accommodation requested is reasonable. Additional information can be found in SPMM Advisory Memorandums No. 92-03 and No. 93-03.

.112 Location—Reasonable accommodation evaluations are conducted at the EHS medical examination centers and at the offices of EHS consulting physicians in the following cities: Binghamton, Buffalo, Elmira, New York City, Plattsburgh, Poughkeepsie, Rochester, Stony Brook, Syracuse, Utica, Watertown, and White Plains. Agencies choosing to have evaluations conducted at locations other than the Cohoes medical examination center or by consultants who are not employees of the Department of Civil Service, must pay that provider's fee.

.4 PROCEDURES

.410 Arrangements

.411 ADA evaluations are processed under the "Agency Referrals Examinations" procedure (see SPMM Section 2620(A)).

.420 Notification

.421 EHS will notify the agency of the results of its evaluation of the employee's claimed disability. Where appropriate, the EHS may make a recommendation regarding reasonable accommodations that may be made. These are advisory opinions, and the final decision as to what is and what is not an appropriate accommodation is made by the agency.


TM-63; July 2008

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