Disability Accommodations Policy
(with Acknowledgment) (KY)

Summary

This template is a disability accommodations policy for use by employers in Kentucky. This template contains practical guidance and drafting notes. In Kentucky, it is unlawful for any employer to fail to make reasonable accommodations for any employee with limitations related to pregnancy, childbirth, or a related medical condition who requests an accommodation, including but not limited to the need to express breast milk, unless the employer can demonstrate the accommodation would impose an undue hardship on the employer's program, enterprise, or business. Ky. Rev. Stat. § 344.040(c). When making such reasonable accommodation an employer should consider that: • An employee shall not be required to take leave from work if another reasonable accommodation can be provided. • The employer and employee shall engage in a timely, good faith, and interactive process to determine effective reasonable accommodations. –and– • If the employer has a policy to provide, would be required to provide, is currently providing, or has provided a similar accommodation to other classes of employees, then a rebuttable presumption is created that the accommodation does not impose an undue hardship on the employer. Ky. Rev. Stat. § 344.040(c). This template is intended for private employers and covers key topics for disability accommodations including notice and other employer obligations. Employers may include this policy in an employee handbook or distribute it as a standalone policy. The language has been customized to comply with Kentucky and federal law. As a result, the text of this template differs from the non-jurisdictional Disability Accommodations Policy (with Acknowledgment). For a non-jurisdictional employee handbook, see Employee Handbook. For a full listing of key content covering employee handbook considerations, see Employee Handbook Resource Kit. For information on reasonable accommodations, see Disability and Reasonable Accommodation Policies: Key Drafting Tips, Americans with Disabilities Act: Guidance for Employers, and Accommodating a Disability under the Americans with Disabilities Act Checklist. For templates related to the reasonable accommodation of disabilities, see Disability and Reasonable Accommodation Policy, Disability Accommodation Request (ADA), and Disability Accommodation Request Resolution (ADA). For information on Kentucky laws concerning disability protections, see Discrimination, Harassment, and Retaliation (KY), and the Kentucky row of the Discrimination, Harassment, and Retaliation State Practice Notes Chart. For other state-specific disability accommodation policy templates, see the Attendance Policy and Disability Accommodation column of the Attendance, Leaves, and Disabilities State Expert Forms Chart.