Speaker 1: JAN, Job Accommodation Network, Practical Solutions, Workplace Success, 800-526-7234 for voice, 877-781-9403 for TTY, askjan.org. Performance Management Issues.

Speaker 2: Abigail and her supervisor, Mike, are meeting in Mike's private office. Abigail is sitting across a desk from Mike as they discuss Abigail's performance plan. Abigail seems content and is smiling until she learns her evaluation is not going so well. At this point, she begins to have a distressed look on her face.

Speaker 3: Abigail, as you know, it's that time of year when we do performance reviews.

Speaker 4: Yes, I know.

Speaker 3: Well, let me get right to the point. Your attendance is, quite frankly, just not acceptable. You've been laid over a dozen times, you've maxed out all of your PTO, and your coworkers say you're often difficult to communicate with.

Speaker 4: I've had good reason for being out of the office, and I provided HR with a note from my therapist for the days that I was out.

Speaker 3: That may be, but on my team, everyone has to pull their own weight. If I allow you to be late, it's not fair to the others. Now, as you know, we have performance objectives that we need to meet in the Claim Services Department. Now, everybody has to do their part.

Speaker 4: Well, if you just give me a chance and let me work from home, I promise I can do better. I struggle with distractions in the office, but at home, I can concentrate and take breaks when I need to. Plus, I can work when I feel my best.

Speaker 3: This is a team-based environment, Abigail. If I let you work from home, then I have to let everybody else.

Speaker 4: My therapist said I need to reduce my stress level and manage things differently. Nora, my last supervisor, she was really good about helping me out with this, and she knew that sometimes I had to come in late because of the side effects of my medication.

Speaker 3: Well, that was Nora. On my team, there's no special treatment. Everybody has to meet the same standards. I run a tight ship.

Speaker 4: Are you gonna fire me?

Speaker 3: I'm putting you on a performance improvement plan. Here's a copy of the written warning. I need you to sign a copy and acknowledge what we've talked about here and that you understand our attendance policies. If you cannot meet these standards, you will be terminated.

Speaker 2: As the review went poorly, Abigail begins to cry, gets up, and quickly leaves Mike's office. Celeste from Human Resources picks up the phone in her office. Mike is on the line and is shown with a concerned look on his face. Phone rings. Hi, this is Celeste from HR.

Speaker 5: Hi, Celeste, I think I'm gonna need your help.

Speaker 3: I just put one of my employees, Abigail, on a PIP, and she just left my office crying without signing it. Abigail Simpson?

Speaker 5: Yeah, I hired her about six months ago

Speaker 3: from Nora Wallace's team, and it's just not working out. I think somebody passed on their problem child to me.

Speaker 5: I just pulled up Abigail's employment history with us, Mike, and she got solid reviews during the five years she worked for Nora. Well, on my team, she's chronically late,

Speaker 3: she's used up all her PTO, and when she is here, she's uncommunicative. She's barely meeting the minimum requirements. Let me talk to Nora and get back to you.

Speaker 2: Thanks. Mike hangs up the phone with an impatient look. Celeste stands in an office doorway before entering Nora's office. Celeste sits down across from Nora at her desk. Hi, Nora. Hi.

Speaker 6: Thank you for meeting me on such short notice about Abigail.

Speaker 5: Thank you for meeting me on such short notice about Abby.

Speaker 6: Sure. Come on in, have a seat. Abby, Abby. We miss Abby. I haven't talked to her for a while. Is everything okay?

Speaker 5: Not really. She seems to be struggling. Lateness and attendance issues. Did she have any trouble getting to work when she was on your team?

Speaker 6: Not once we worked out the telework system. Abby is a good worker, period, but she has health issues that she has to manage and she needs flexibility. We worked out a schedule where she could see her psychotherapist regularly and then work the hours where she was feeling best, even sometimes if it was late at night. Sometimes the meds she's on have side effects

Speaker 5: that just make it difficult for her. Okay, so she's a person with a disability and you provided flexibility as an accommodation. Yes. Did that present issues to other members of your team?

Speaker 6: No, not really. I have working parents, people going back to school, and any number of other reasons why my team members request flexible work arrangements.

Speaker 5: Got it. No biggie. Got it. Yeah, I just don't think that her new supervisor is as comfortable with flexible work arrangements. Thank you, Nora. You're welcome.

Speaker 2: Celeste is seated next to Mike at conference table with papers in front of them.

Speaker 5: Mike, before Abigail joins us, I just wanted to go over what we discussed, okay?

Speaker 3: Okay, sure.

Speaker 5: Abigail is a person with a disability. So because of that, I contacted the Job Accommodation Network to see what they had to say. And based on that conversation, I'm confident about how to proceed. In her former role, her supervisor provided a flexible work arrangement as a reasonable accommodation, which allowed her to manage her medical appointments as well as the side effects of her medication.

Speaker 3: I understand that. She didn't tell me she had a disability.

Speaker 5: I know, I know. And as you know, Mike, mental health disabilities are often stigmatized, making it hard for people to discuss the situation and ask for what they need.

Speaker 3: Yeah, I have a cousin who has a mental health issue. I think he said it was bipolar. Is that what Abigail has?

Speaker 5: Well, I don't think we need to know or should ask her diagnosis, but suffice it to say that the Employee Relations Department has all the necessary documentation from her therapist. And at this point, we need to work on a solution.

Speaker 3: So what am I supposed to say to the rest of my team if they ask for flexible work arrangements?

Speaker 5: Well, is there any reason you couldn't consider other requests from solid performers for a flexible arrangement?

Speaker 3: I prefer everybody's here together, teamwork, group problem solving, so I'm able to oversee what's going on.

Speaker 5: Be that as it may, we do have retention issues in these types of jobs, and often flexibility is a good way to retain talent.

Speaker 3: Oh, I see Abigail's here. Abigail, come on in. Please have a seat.

Speaker 5: Abigail, thank you for coming. Mike asked me to join the two of you to talk through the performance concerns you and he began discussing during your last meeting.

Speaker 3: Abigail, first, let me say I'm sorry you left our last meeting feeling so upset. That was not my intention. I understand from your last supervisor, Nora, that you're a great performer, and I want you to be equally, if not more successful on your role in my team.

Speaker 4: Yeah, Nora was great, and she let me work from home when I needed to.

Speaker 3: Abigail, I didn't realize when you asked for special working arrangements that it was to accommodate a disability.

Speaker 4: Yeah, I don't really like to bring all that up at work.

Speaker 3: Got it. Well, now that I know what you need and why, we'll come up with a better working schedule for you.

Speaker 4: What are you gonna tell the other team members? I mean, what if they ask why I'm getting what you so-called special treatment?

Speaker 3: I've been thinking about that, and let's just say if asked, I'll say that I'm piloting special working arrangements within the department. As you know, I'm not a big fan of working remotely, but I do realize that there are some people who would like special scheduling arrangements. So again, let's just say if asked, I'll say it's something that I'm giving a chance.

Speaker 4: Okay, well, you'll see. If you give me a chance to manage my life and my work and let me succeed at my job, I promise I won't let you down.

Speaker 3: It's good to see you smile, Abigail. Let's keep the lines of communication open, and I know I can be a little rough around the edges, but I do care about my people, and I want you to be able to take care of yourself.

Speaker 4: Thanks, Mike.

Speaker 3: How about we talk over what might work, a plan that we can try out, and I wanna know what you'll need in terms of working from home and how we can make that work.

Speaker 4: I'll put something together for us to talk through, and thanks so much, Mike, for being flexible and accepting a flexible work schedule from home on an as-needed basis.

Speaker 5: And by the way, Abigail, Mike and I discussed it, and we're gonna set aside the performance improvement plan for the time being. Consider this a reset. And the three of us will get back together in about a month and see how the new plan is working. And in the meantime, if either of you need anything, you know where to find me.

Speaker 1: This video was developed and produced by the Job Accommodation Network, JAN. JAN is a service of the Office of Disability Employment Policy, U.S. Department of Labor, Grant Number OD234421275454. This video does not necessarily reflect the views or policies of the Office of Disability Employment Policy, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Department of Labor. Special thanks to debdaggettdiversity.com, DeValk Associates Incorporated, and disabilityinclusion.com for their valuable contributions to the production of this video.