Hughes Occupational Consultants logo
home ergonomics return-to-work staff company
return-to-work consulting
interactive process
online resources

office worker

Get Hughes Occupational Consultant's Case Referral Form in Adobe PDF format here.

Note - you will need the free Adobe Acrobat Reader to read (and fill out) this form.

what you need to know about the return-to-work interactive process

The California Fair Employment and Housing Act (FEHA) requires that "an employer who knows the disability of an employee has an affirmative duty" to explore possible accommodation, even in the absence of an employee's request. This must be a timely, good faith, "interactive process" with the employee and under California law; every injured employee with permanent restrictions is a person with a disability.


  • Vocational Rehabilitation no longer protects the employer from the FEHA on post 2004 injuries. SB 899 creates financial incentives for employers who retain their injured employees in medically appropriate positions. Effective January 1, 2005:
  • L.C. 4658 (d)(3)(A) allows for a decrease of 15% in PD payments to injured workers whose employers offer medically appropriate work to their employees within 60 days of P&S.
  • L.C. 4658 (d)(2) allows for an increase of 15% in PD payments to injured workers whose employers are unable or unwilling to provide medically appropriatework to their employees within 60 days of P&S

As a third party consultant, we can meet with the employee, HR Representative and or Supervisor to discuss current employment opportunities within the employer's facility. This can include possible job modification of the employee's current position. We can also help match the employee, their disability and qualifications with current vacancies if job modification is not available. We will issue a report to document this meeting which will meet the FEHA "interactive process" requirements, protecting your employer from possible litigation and possibly saving them 15% in PD payments.



2007 hughes occupational consultants

updated 22-Feb-2007