e. HR/OAA/DRAD, in consultation with the Bureau of Medical Services (DED) and the Office of Legal Counsel (L), will determine whether a person has a targeted disability within the meaning of the Rehabilitation Act. Additional medical documentation about the person`s disability may be requested. One. Legal definitions of key terms related to personal assistance services can be found in Final Rule on Affirmative Action for Individuals with Disabilities in Federal Employment, Fed. Reg. Vol. 82, No. 1 (January 3, 2017) and 29 C.F.R. § 1614.203(a).
The Department includes definitions of certain terms here to facilitate the work of employees and applicants, and employees and applicants are also encouraged to review the legal definitions in the authorizations listed above. One. According to 29 C.F.R. § 1614.203(d)(3)(iii)(D) and 29 C.F.R. §1614.105, if a person applying for a SAP believes that he or she has been discriminated against, harassed, and/or retaliated against prior protected activities or resisted unlawful discrimination, loses the right to file a complaint unless the employee contacts an equal employment opportunity consultant or the Civil Rights Office (S/OCR) in 45 calendar days following the rejection, whether or not the employee participates in an informal dispute resolution procedure. This measure also retains the right to file a formal complaint of discrimination with the S/OCR. One. The employee does not have a deliberate disability. If the person applying for a PAS does not provide sufficient documentation or other evidence showing that he or she has a deliberate disability within the meaning of the Rehabilitation Act, he or she is not entitled to a PAS; But this is not wonderful; Auto, as I said, they are enfans. d.
Targeted disability: A disability designated as a “targeted disability or health condition” on Office of Personnel Management Standard Form 256 or that falls under one of the first 12 categories of disabilities listed in Part A of Question 5 of the Equal Employment Opportunity Commission Applicant Demographic Information form. b. The Persons with Disabilities and Reasonable Accommodations Division (HR/OAA/DRAD) does not provide escorts to SAP providers who are here to provide services to ministry employees. The accompaniment of the PAS provider is the responsibility of the person requesting the service. c. When an employee with a disability re-applies for SAP for approved and official travel, the interactive process is initiated. If necessary, a disability assessment should be carried out, an analysis carried out and a solution found. One. The following non-exhaustive list provides examples of mitigating circumstances that may lengthen the time required to make and/or render a decision on the SAP: A person whose SAP application is rejected may appeal against this refusal by contacting the Director General of the External Action Service and the Director of Human Resources (DGHR) within 10 working days of receipt of the written decision: with which the SAP is rejected, transmits information in writing. b. Personal assistance services: assistance with activities of daily living that a person would normally perform if they did not have a disability and that are not otherwise required as adequate accommodation, including, for example, assistance with undressing and dressing, eating and using the washroom.
Time to process applications and provide SAP: d. If the SAP request is made by a third party, HR/OAA/RAD must, if possible, confirm with the employee with a targeted disability that he or she wants a SAP and authorize the third party to discuss the need for a SAP with the ministry before proceeding. It may not be possible to confirm the request if, for example, the person has been hospitalized. In this case, HR/OAA/DRAD will process the third party`s request and consult directly with the person who needs PAS as soon as possible. e. In the case of newly hired employees or employees assigned to a new position, the ministry will attempt to implement a SAP when the employee first reports to work. However, this is not always possible. b.
If HR/OAA/DRAD grants the NOT requested solution or an effective alternative solution, the notification describes which solution will be proposed and when it will be deployed. A decision to offer a solution other than the one specifically requested is considered a decision granting the SAP.