Updated March 28, 2018

Department of the Navy’s Procedures for Processing Requests for
Personal Assistance Services
As required by 29 Code of Federal Regulations (C.F.R.) § 1614.203(d)(5), a regulation
implementing Section 501 of the Rehabilitation Act of 1973, as amended, federal agencies are
required to provide Personal Assistance Services (PAS), in addition to reasonableaccommodation, during work hours and work-related travel to employees with targeted (severe)disabilities unless doing so would impose an undue hardship. The Department of the Navy
(DON) affirms its commitment to providing PAS so that employees who cannot be at workwithout PAS may enjoy the opportunities and benefits of employment.
PAS allow individuals to perform activities of daily living that an individual would typically
perform if he or she did not have a disability, such as assistance with removing and putting on
clothing, eating, and using the restroom.
The procedures outlined below are to be used when a DON employee makes a request for PAS.
Requests for reasonable accommodation (RA) and PAS can be made simultaneously, but must beprocessed separately using appropriate procedures.
STEP 1 – THE INITIAL REQUEST
An employee’s initial request for PAS can be made verbally or in writing to his or her first-line
supervisor or the Reasonable Accommodation (RA) point of contact (POC). If the RA POC
receives the request directly from the employee, the RA POC shall immediately inform theemployee’s first-line supervisor of the request. Additionally, a family member, spouse orpartner, friend, or medical health professional may request PAS on behalf of an individual with atargeted disability. It is the responsibility of all DON employees to recognize a request for PAS;
if anyone other than the first-line supervisor or the RA POC receives a request for PAS, theyshould immediately notify the servicing RA POC.
Requests for PAS must be submitted to the servicing RA POC as soon as practicable, but no later
than within two (2) business days of receipt of the initial request for processing. Requests forPAS, similarly to requests for RA, must be subsequently documented, in writing, signed anddated, for inclusion in the PAS request file. A PAS Request Form is provided as Attachment 1.
The RA POC shall retain all documents related to the request for PAS in a file separate from theemployee’s official personnel record, and may be kept in the employee’s RA file if applicable.
In addition, the PAS request and processing efforts must be documented electronically in the
Navy Electronic Accommodations Tracker (NEAT). Any information or documentation relating
to the employee’s request for PAS is to be kept confidential and may be shared only withindividuals involved in the PAS process who have a need to know.

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STEP 2 – THE INTERACTIVE PROCESSThe interactive process is an informal discussion between the individual requesting PAS, his or
her first-line supervisor, and/or the RA POC. This discussion first sets out to determine whether
the employee is entitled to PAS. In order to be entitled to PAS, the following must hold true:
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The individual is a DON employee;
The employee has a targeted disability (see the definition of Targeted Disabilities in thedefinitions section of these procedures);
The employee requires PAS because of his or her targeted disability;
The employee will be able to perform the essential functions of his or her position,
without posing a direct threat to safety, once PAS and any required RA have been
provided;
Providing PAS does not impose undue hardship on the DON.

In most cases, the employee’s targeted disability and the need for PAS is obvious. Therefore, thedetermination of whether the individual has a targeted disability should be made quickly. In theevent that the targeted disability or the need for PAS is not evident, the employee’s first-line
supervisor may request medical documentation to support the request. A sample Request for
Medical Documentation Letter is provided as Attachment 2.
If the employee is entitled to PAS, the interactive discussion then serves to determine the extent
and nature of the services required based on the employee’s limitations.
A continuing dialogue throughout the PAS request process is required to ensure an effective
process. When a delay in processing a request for PAS occurs, the employee’s first-line
supervisor or the servicing RA POC must notify the employee of the reason for the delay andcontinue to provide updates as to when the PAS process is expected to be complete.
STEP 3 – DECISION WHETHER OR NOT TO PROVIDE PAS
Decision to Approve Request for PAS
If the employee’s first-line supervisor determines that providing PAS is the appropriate course ofaction, a letter denoting the acceptance of the PAS request is issued from the supervisor to theemployee within thirty (30) calendar days of receipt of the written request by the RA POC.
This approval letter may also be used to document that an alternative form of PAS from the PAS
originally requested will be provided, and explains why it will be effective. A sample approval
letter is provided as Attachment 3.
Decision to Deny Request for PAS
There is no requirement to provide PAS if the employee does not have a targeted disability, or if
providing PAS would pose as an undue hardship on the agency. If the employee is not entitled
to receive PAS, he or she must be notified of this decision within thirty (30) calendar days ofreceipt of the written request by the RA POC. The denial notification must provide available
avenues of redress, to include Alternative Dispute Resolution (ADR), the Equal Employment
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Opportunity (EEO) complaints process, and negotiated grievance procedures. A sample denial
letter is provided as Attachment 4.
STEP 4 – OBTAINING THE PAS PROVIDER
A PAS provider is an employee or independent contractor whose primary job functions include
the provision of personal assistance services. In general, the training or skill that a PAS provider
should have will depend on the specific services needed by the employee.
The DON is entitled to consider all available resources when arranging for PAS, including
outside sources that are already providing PAS or are willing to provide PAS at their own
expense, such as a state or veteran’s rehabilitation agency, so long as the services are provided ina timely manner.
The DON gives its Major Commands the flexibility of providing PAS via federal employee or
independent contractor, depending on the employee’s need and the operational resources
required to establish and provide PAS. When making this determination on how to provide thePAS, the below list includes items that may be considered:Federal Employee

Contractor

Hiring/Procurement

Authority to appoint noncompetitively via 5 C.F.R. 213.3102(LL) (Schedule A)

Length of Employment

Can be temporary, term or permanent
employee
PAS duties are generally gradedaround GS-05 level (with 25%
administrative duties), and could
differ depending on complexity
Agency is responsible for ensuring
PAS provider has appropriate security
clearance
Duties are outlined in position
description
Agency is responsible for monitoring
performance and mandatory training

May contract service as a commercial
item under the procedures in FAR Part12, with the NAICS code being 624120,“Services for the Elderly and Persons
with Disabilities"
Determined by period of performance

Cost

Security Clearance
PAS Duties
Performance andMandatory Training
If PAS need changes or iseliminated
Other Considerations

May be subject to managementdirected reassignment (MDR) or
reduction in force (RIF) procedures
PAS providers may be bargaining
unit employees

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Cost depends on level/amount ofservices required and structure ofcontract (firm fixed price contract vs.
indefinite delivery/indefinite quantity)
Can demand minimum clearance
requirement provisions
Duties are outlined in Statement ofWork
Contracting agency is responsible formonitoring performance and mandatory
training, and is subject to Government
inspection
Contract can be modified or terminated

The Service Contract Labor Standards
may apply to a contract for PAS

Updated March 28, 2018
To assist commands in obtaining PAS, a guide that can assist DON commands in contracting
PAS is provided as Attachment 5. A template position description is provided as Attachment 6,
which DON commands may use as a reference in establishing their own position description thatis tailored to the services required.
Providing PAS to a Single Individual
In determining a PAS provider for a single individual, the DON must give primary consideration
to the requestor’s preferences to the extent permitted by law. In some cases, the employee who
needs PAS will be able to recommend a provider, and may also be able to get a referral from a
local center for independent living or a state vocational rehabilitation agency. The option ofusing a family member or spouse as a PAS provider can also be considered.
Providing PAS to More than One Employee in the Organization
If there is more than one employee requiring PAS in the organization, DON commands may use
a pool of PAS providers, rather than assign one PAS provider to each employee, so long as theservices are provided in a timely manner.
PAS for Official Travel
When work-related travel results in the employee’s inability to rely on his or her usual source ofPAS, DON must provide PAS at all times (both work and off-work hours) during the workrelated travel, independent of the new regulations, as a reasonable accommodation (absent undue
hardship). Additionally, even if employee’s usual PAS provider is available during work-related
travel, the DON is required to pay any additional costs related to providing PAS while on travel,such as transportation costs for the PAS provider, as a reasonable accommodation. The DON
also has the option of arranging for PAS at the destination site, rather than paying for theemployee's own PAS provider to travel with him/her, as long as it is considered effective.
The DON may cover the PAS provider's travel costs in various ways, depending on the type ofPAS provider (e.g. family member or spouse or other provider, federal employee, or contractor).
Applicable policies or regulations as set forth in the Department of Defense (DoD) Joint Travel
Regulations and/or as outlined in the contract shall be followed.
PAS during Telework
The DON is required to provide PAS during telework if the individual is entitled to PAS and isentitled to telework under the organization’s telework policy or as a reasonable accommodation.
Permission to telework should not be revoked solely due to an employee’s need for PAS. The
determination of whether PAS can be provided to an employee while teleworking should bemade on a case-by-case basis.
Providing Provisional PAS
The DON recognizes that it may take an extended period of time between when the request for
PAS is approved and when PAS is implemented, due to the nature of federal recruitment andcontracting. In the event that provisional PAS is required, the employee’s first-line supervisor
and coworkers may volunteer to assist with minimal non-personally invasive tasks to support theemployee, such as, but not limited to, removing and putting on a coat, opening doors, retrieving
items in the workplace that are out of reach, and replenishing water. If volunteer assistance by4Updated March 28, 2018
the employee’s first line supervisor or coworkers is being considered, the supervisor should seek
advice from legal counsel before agreeing to such an arrangement.
Employees who do not perform PAS as a primary job function shall not assist employees who
require PAS with personally invasive tasks that they may not be qualified to perform, such as
feeding, toileting, bathing, or lifting or moving employees from vehicles, beds or wheelchairs.
Until a contract is secured or a billet is in place, interim arrangements can be made for
performing these more personal tasks through exploring the availability of local resources orproviding temporary base access to spouses or family members who can assist with PAS.
STEP 5 – ONGOING INTERACTIVE PROCESS
If the request for PAS is approved, the employee shall be informed, in writing, of any changes inproviding PAS. Changes can include incurred delays due to the nature of federal recruitment orcontracting, the unavailability of the primary PAS provider and any alternative arrangements
made, among other situations. In addition, the employee must promptly inform his or her
supervisor or the servicing RA POC of any changes needed to the services in place so that they
may address these changes. These interactions must be documented and retained in the PAS
request folder and electronically in NEAT.

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Definitions
Alternative Dispute Resolution (ADR): Any procedure that is used in lieu of a formal
administrative process or litigation to resolve issues in controversy. DON activities andemployees are encouraged to consider the use of ADR at any stage of the PAS process to resolve
any conflicts. Upon PAS denial, employees may request ADR in writing within 14 calendar days
from receipt of the denial letter, or in accordance with the appropriate collective bargaining
agreement.
Equal Employment Opportunity (EEO) Complaints: Federal employees are protected fromdiscrimination because of their disability under the Rehabilitation Act of 1973, as amended, andhave a right to file an EEO complaint if they believe that they have been discriminated against.
An individual, whose request for PAS has been denied, will be advised of their opportunity to
pursue the EEO complaint process in accordance with the provisions of 29 C.F.R. Part 1614.
The denial letter must state that the individual is required to initiate contact with an EEO
Counselor within 45 calendar days of the date the request for PAS was denied. Please note thatthe amended Section 501 regulations do not take a position on the availability of a private
remedy for affirmative action obligations, but the EEOC believes that its procedural regulations
governing complaints of discrimination are an appropriate place to address the question.
Interactive Process: A dialogue between the employee requesting PAS, his or her supervisor,
and the servicing RA POC, that determines the employee’s eligibility to receive PAS and theservices required in order to participate in the workplace or in work-related travel. Theinteractive process begins upon receipt of an employee’s request for PAS, occurs throughout theprocessing of the request, and continues after PAS has been approved to ensure that theemployee’s need for PAS has been met.
Negotiated Grievance Procedures: A bargaining unit employee, whose request for PAS has beendenied, will be advised of their opportunity to file a grievance if this matter is not excluded under
the collective bargaining agreement.
Personal Assistance Services (PAS): Assistance with performing activities of daily living that anindividual would typically perform if he or she did not have a disability, and that is not otherwise
required as a reasonable accommodation, including assistance with removing and putting on
clothing, eating, and using the restroom. These services are needed by individuals whose
specific disabilities make it difficult for them to perform such activities on their own. PAS does
not include services of a medical nature such as administering shots or monitoring bloodpressure, and does not include assistance with commuting to and from work.
Personal Assistance Services (PAS) Provider: An employee or independent contractor whose
primary job functions includes provision of personal assistance services. The PAS provider can
provide the service to more than one individual, and can perform tasks unrelated to PAS, but
only to the extent that doing so does not result in failure to provide services in a timely manner.
If the DON is hiring a PAS provider to assist a single individual, then the employee’s
preferences shall be primarily considered to the extent permitted by law.

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Reasonable Accommodation (RA): A change to the work environment or the way things areusually done that allows an individual with a disability to apply for a job, perform the essentialfunctions of the position, or enjoy equal access to benefits available to other individuals in theworkplace. RA differs from PAS, as the assistance or modification provided as anaccommodation is directly related to the performance of job-related tasks. Examples of an
accommodation include providing a reader to enable individuals who have visual impairments toread printed text, or a Sign Language interpreter to facilitate deaf-to-hearing communication.
Section 501 of the Rehabilitation Act of 1973, as amended: A federal civil rights law thatprohibits federal agencies from discriminating against job applicants and employees based on
disability, and requires agencies to engage in affirmative action for individuals with disabilities.
The Equal Employment Opportunity Commission (EEOC) issued a final rule on January 3, 2017
to amend the regulations implementing Section 501 of the Rehabilitation Act of 1973. These
regulations require federal agencies to provide personal assistance services to certain employees
who need them because of a disability.
Targeted Disabilities: A subset of disabilities deemed to be severe. The federal government hasrecognized that qualified individuals with targeted disabilities face significant barriers to
employment, above and beyond the barriers faced by people with the broader range of
disabilities. The targeted disabilities are provided on the Office of Personnel Management’sStandard Form 256 (SF-256), “Self-Identification of Disability,” in which the October 2016
version of the form identifies the following as targeted disabilities:
 Developmental Disability, for example, autism spectrum disorder; Traumatic Brain Injury; Deaf or serious difficulty hearing, benefitting from, for example, American Sign
Language, CART, hearing aids, a cochlear implant and/or other supports;
 Blind or serious difficulty seeing even when wearing glasses;
 Missing extremities (arm, leg, hand and/or foot); Significant mobility impairment, benefitting from the utilization of a wheelchair, scooter,
walker, leg brace(s) and/or other supports;
 Partial or complete paralysis (any cause); Epilepsy or other seizure disorders; Intellectual disability; Significant Psychiatric Disorder, for example, bipolar disorder, schizophrenia, PTSD, or
major depression;
 Dwarfism; and Significant disfigurement, for example, disfigurements caused by burns, wounds,
accidents, or congenital disorders.
Undue Hardship: Significant difficulty or expense, considering the nature, extent, and cost of
PAS in relation to an agency's overall resources and the impact of providing PAS on theoperation of the agency's business. The DON is not obligated to provide PAS when provision of
the services poses an undue hardship on the agency. The determination of undue hardship is
made on a case-by-case basis.

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Resources
Affirmative Action for Individuals with Disabilities in Federal Employment
EEOC’s Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under theAmericans with Disabilities Act
EEOC's Questions and Answers: Federal Agencies' Obligation to Provide Personal Assistance
Services under Section 501 of the Rehabilitation Act
EEOC’s Questions and Answers: The EEOC’s Final Rule on Affirmative Action for People with
Disabilities in Federal Employment
The Job Accommodation Network’s (JAN) Accommodation and Compliance Series: Personal
Assistance Services in the Workplace8