Mont. Admin. R. 2.21.4116 - REASSIGNING AN EMPLOYEE AS A REASONABLE ACCOMMODATION
(1) When an employee with a disability can no
longer perform the essential functions of their position with or without a
reasonable accommodation, the agency manager shall consider reassigning the
employee to an equivalent vacant position unless doing so would create an undue
hardship. The employee shall concur with the reassignment.
(2) When reassigning an employee to a vacant
position as a reasonable accommodation, agency managers shall:
(a) do so without a competitive
process;
(b) consider any
implications under a seniority system of a collective bargaining
agreement;
(c) attempt to reassign
a qualified employee to a vacant position equivalent in pay, status, and other
relevant factors (e.g., benefits, geographical location); and
(d) continue the interactive process after
reassigning an employee to ensure the employee is able to perform the essential
functions of the job, with or without a reasonable accommodation.
(3) If reassigning an employee
would violate a seniority system or collective bargaining agreement, it is not
reasonable to reassign an employee.
(4) If an equivalent vacant position is not
available, management may reassign the employee to a lower-pay position,
provided the employee is qualified and agrees to the transfer.
(5) "Vacant" means the position is available
when the employee asks for an accommodation, or the employer knows a position
is to become available within a reasonable amount of time. Agency managers
shall determine a reasonable amount of time on a case-by-case basis.
(6) Agency managers are not required to
create a new position as a reasonable accommodation.
Notes
2-18-102, MCA; IMP, 2-18-102, MCA;
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