Applicants for PAS provider positions may be found in the same way that
applicants for other positions are located -- by advertising the opening on
USAJOBS and other job posting boards. Additional resources include local
vocational rehabilitation offices, American Job Centers, centers for independent
living, home care agencies, and the individual who requested PAS. Additionally,
some contractors are available through GSA Advantage.

b) Employee’s Choice of PAS Provider:

If FCA hires a PAS provider who will be assigned to a single employee, and if that
employee prefers a provider (for example, because the provider has worked with
him or her in the past), FCA must give primary consideration to that choice to the
extent permitted by law. However, it may not be possible to honor the
employee’s preferences in all cases. FCA may choose a different provider if, for
example, the employee's preferred provider is not qualified or less qualified than
another applicant; if FCA decides to utilize a pool of shared providers instead of
dedicated providers; for reasons of cost or convenience; or if FCA decides to
have appropriate existing employees provide PAS.

An employee may request permission to bring his or her own PAS provider to
work as a reasonable accommodation (not as a PAS) if the employee does not
request that FCA assume the cost of providing the services. However, if the
employee wants FCA to assume the cost of providing the services, FCA may have
reasons to choose a different provider, as discussed above.

c) Terms of PAS Provider Employment:

FCA may require PAS providers to provide PAS to more than one employee, as
long as each employee entitled to PAS receives PAS in a timely manner.

FCA may assign non-PAS job functions to PAS providers, as long as these other
duties do not interfere with provision of PAS and all employees who are entitled
to PAS continue to receive them in a timely manner. These other duties could
include work-related tasks that are required as a reasonable accommodation or
work-related tasks that any assistant would provide.

FCA may not require a non-PAS provider employee to provide PAS to another
employee.

Requests for PAS
The process for requesting PAS is the same as the process for requesting reasonable

accommodations under Section 2 of the Implementing Procedures to PPM 857, except
that “reasonable accommodation” is replaced with PAS, applicants are not entitled to


DENIAL OF PERSONAL ASSISTANCE SERVICES REQUEST (FCA-518)

Completed by Decision-Maker
Return form to the individual requesting the PAS and provide copy
to the Reasonable Accommodation Coordinator, Office of Agency Services

Name of Individual Requesting PAS:

Type(s) of PAS Requested:

Request for PAS denied because (may check more than one):

Requester is not an FCA employee
Requester does not have targeted disability
Targeted disability does not create a need for PAS

Requester is not able to perform the essential functions of the job, even with PAS and any
reasonable accommodations

Requester would create a direct threat to safety on the job, even with PAS and any
reasonable accommodations; or

Providing PAS would impose undue hardship on FCA.

Detailed reason(s) for the denial of PAS (must provide specific reasons why PAS was denied):

Steps to request reconsideration of the decision:

1.

The individual asks the decision-maker to reconsider the denial. The individual may provide
additional information to support this request. The decision-maker must respond to the request for
reconsideration within 20 business days.

If the decision (denial) is sustained:

a. If the decision-maker is not an Office Director, the individual may seek a second level of
reconsideration from the appropriate Office Director. The individual may present
additional information in support of his or her request. The Office Director will respond
to the request for reconsideration within 20 business days.

b. If the decision-maker is an Office Director, the individual may seek a second level of
reconsideration from the Chief Operating Officer (COO). The individual may present


xX. Request for Reconsideration

The reconsideration process for denials of requests for PAS is the same as that set forth
in Section 12 of the Implementing Procedures to PPM 857, except that “reasonable
accommodation” is replaced with PAS and the time frames in that section do not apply.

APPROVED Is/ Date 1/2/18
William J. Hoffman
Chief Operating Officer



Vi.

Vil.

Vil.

PAS, the time frame set forth in paragraph (d) of Section 2 does not apply, and FCA Form
502 is replaced with FCA Form 519, Confirmation of Request for Personal Assistance
Services (CRPAS).

Process for Determining Whether PAS are Required

Once a decision-maker receives a request, the requesting employee, the decision-
maker, and the RAC will work together to determine whether and what kind of PAS are
required. The procedures set forth in Sections 5, 6, 7, and 10 of the Implementing
Procedures to PPM 857 will be followed, except that “reasonable accommodation” is
replaced with PAS, “disability” is replaced with “targeted disability,” and FCA Form 504
(referenced in Section 10) is replaced with FCA Form 517, Personal Assistance Services
Information Reporting Form.

FCA Staff Responsi

FCA staff responsibilities are the same as those set forth under Section 4 of the
Implementing Procedures to PPM 857, except that “reasonable accommodation” is
replaced with PAS.

Denial of PAS Request

FCA is required to provide PAS only if the requesting employee is entitled to them under
the regulations. Therefore, FCA may deny a request for PAS if:

e The requester is not an FCA employee;

e the requester does not have a targeted disability;

e the targeted disability does not create a need for PAS;

e the requester is not able to perform the essential functions of the job, even with
PAS and any reasonable accommodations;

e the requester would create a direct threat to safety on the job, even with PAS
and any reasonable accommodations; or

e providing PAS would impose undue hardship on FCA.

The process for denying a PAS request is the same as that set forth in Section 11 of the
Implementing Procedures to PPM 857, except that “reasonable accommodation” is
replaced with PAS, and FCA Form 503 is replaced with FCA Form 518, Denial of Personal

Assistance Services Request.


PERSONAL ASSISTANCE SERVICES INFORMATION REPORTING FORM (FCA-517)

Completed by Decision-Maker

Attach copies of all documents obtained or developed in processing this request
Return form to the Reasonable Accommodation Coordinator (RAC), Office of Agency Services

Name of Individual Requesting PAS:

Office:

Job held or desired (occupational series, grade level):

Date Request Received:
Received by:

Date referred to decision-maker:
Decision-maker:

Date PAS approved or denied:
Was PAS approved or denied?
1* reconsideration:

Date requested:
Decision-maker:

Date requester informed of decision:

Approved or denied:

2"4 reconsideration approved or denied:
Date requested:
Decision-maker:

Date requester informed of decision:

Approved or denied:

Date PAS provided (if approved):

FCA-517 (12/2017)



MEMORANDUM

FARM CREDIT SYSTEM INSURANCE CORPORATION

January 12, 2018

To: Jerome Fowlkes
Director, Office of Agency Services
Farm Credit Administration

From:

Subject:

Dorothy L. Nichols we)
Chief Operating Officer

Applicability of FCA PPMs 857 (Reasonable Accommodations for Individuals
with Disabilities) and 862 (Personal Assistance Services)

Pursuant to the authority vested in me by Article IX, Section 1 of the Bylaws of the Farm Credit
System Insurance Corporation (FCSIC), I confirm that I concur in the application of existing
Farm Credit Administration PPMs 857 and 862 to FCSIC.

FCA PPMs 857 and 862 shall be applied to FCSIC as follows:

Except as noted herein, each reference to the “Farm Credit Administration” shall
be read to refer to FCSIC;

The first “reference” on page 1 of PPM 857 shall be read as 12 U.S.C. § 2277a-7
(§ 5.58 of the Farm Credit Act of 1971, as amended);

All references to “Chief Operating Officer” shall refer to the FCSIC Chief
Operating Officer;

All references to “Chief Executive Officer” shall not apply to FCSIC and any
responsibilities of the Chief Executive Officer under the PPMS shall be
undertaken by the FCSIC Chief Operating Officer;

All references to “Office Directors” shall refer to FCSIC’s Director of Risk
Management and FCSIC’s Chief Financial Officer;

All references to “General Counsel” or “Office of General Counsel” shall refer to
FCSIC’s General Counsel;

All references to Office of Agency Services, Equal Employment Opportunity and
Inclusion Director, Reasonable Accommodation Coordinator and Special
Emphasis Disability Program Manager shall refer to those FCA offices and
officials acting in those capacities on behalf of FCSIC under the Inter-Agency
Agreement in effect between FCA and FCSIC.

Please contact Howard Rubin or me if you have any questions.


additional information in support of his or her request. The COO will respond to the
request for reconsideration within 20 business days.

If denial was based on undue hardship, concurrence by the General Counsel (if the General Counsel
or Deputy General Counsel was decision-maker, concurrence by Chief Human Capital Officer}:

Name Date
GENERAL COUNSEL Signature

Date
Name of Decision-Maker Signature

FCA 518 (12/17)

Return form to the individual requesting the PAS and provide copy to the Reasonable Accommodation
Coordinator, Office of Agency Services

10


CONFIRMATION OF REQUEST FOR PERSONAL ASSISTANCE SERVICES (FCA-519)
Completed by the Individual Requesting Personal Assistance Services (PAS)
Return form to the Reasonable Accommodation Coordinator (RAC), Office of Agency Services
Employee’s Name:
Telephone:
Office:
Date of Request:

Today’s Date:

PERSONAL ASSISTANCE SERVICES REQUESTED — Note: Please be as specific as possible

REASON FOR REQUEST — Identify targeted disability and why it creates a need for PAS.

FCA-519 (12/2017)


d)

e)

language interpreters who enable individuals who are deaf to communicate with
coworkers, and readers who enable individuals who are blind or have learning
disabilities to read printed text. Those services are required as reasonable
accommodations, if the individual needs them because of a disability and providing
them does not impose undue hardship on the agency. FCA’s obligation to provide
reasonable accommodations is independent of this PPM and the regulation it
implements.

Personal Assistance Service (PAS) provider: An employee or independent contractor
whose primary job functions include provision of PAS that help individuals with targeted
disabilities perform activities of daily living, including, for example, assistance removing
and putting on clothing, eating, and using the restroom. A PAS provider need not have
medical training or medical qualifications.

Undue hardship: Has the same meaning as the definition in Section 1.e of the

Implementing Procedures to PPM 857, except that “reasonable accommodation” is
replaced with PAS.

FCA’S OBLIGATION TO PROVIDE PAS

FCA is required to provide an employee with PAS, provided by a PAS provider, during
work hours and job-related travel if:

a) The employee requires such services because of a targeted disability;

b) The employee will be able to perform the essential functions of the job once PAS
and any required reasonable accommodations have been provided; and

c) Provision of such services would not impose undue hardship on FCA.

FCA is not required to provide PAS to help employees commute to work. FCA is
required to provide PAS only when an employee is working or is on work-related
travel.

PROHIBITION ON ADVERSE ACTIONS BASED ON NEED FOR PAS

FCA will not take adverse actions against job applicants or employees based on their
need for, or perceived need for, PAS.

SELECTION AND USE OF PAS PROVIDERS

a) Finding PAS Providers:


IMPLEMENTING PROCEDURES FOR PERSONAL ASSISTANT SERVICES FOR EMPLOYEES WITH
DISABILITIES

a)

DEFINITIONS:

Disability: Has the same meaning as the definition in Section 1.b of the Implementing
Procedures to PPM 857.

b) Targeted disability: A subset of the larger disability category including, but not limited

c)

to:

e Developmental disabilities, such as cerebral palsy and autism spectrum disorder;

e Traumatic brain injuries;

e Deafness or serious difficulty hearing, benefitting from, for example, American
Sign Language;

e Blindness or serious difficulty seeing even when wearing glasses;

e Missing extremities (arm, leg, hand, and/or foot);

e Significant mobility impairments, benefitting from the use of a wheelchair,
scooter, walker, leg brace(s), and/or other supports;

e Partial or complete paralysis (any cause);

e Epilepsy and other seizure disorders;

e Intellectual disabilities (formerly described as mental retardation);

e Significant psychiatric disorders, for example, bipolar disorder, schizophrenia,
PTSD, or major depression;

e Dwarfism; and

e Significant disfigurement, for example, disfigurements caused by burns, wounds,
accidents, or congenital disorders.

As of the date of this PPM, lists of disabilities that are designated as targeted disabilities
are found on the Office of Personnel Management’s Standard Form 256 and the EEOC’s
Demographic Information on Applicants form. These lists may be subject to change.

Personal Assistance Services (PAS): Assistance with performing activities of daily living
that an individual would typically perform if he or she did not have a disability, and that
is not otherwise required as a reasonable accommodation, including, for example,
assistance with removing or putting on clothing, eating, and using the restroom during
work hours and job-related travel. Other examples of PAS could include pushing a
wheelchair or helping an employee get into or out of a vehicle at the worksite.

PAS do not help employees with disabilities perform their specific job functions, such as
reviewing documents or answering questions that come through a call-in center. PAS
differ from services that help an employee to perform job-related tasks, such as sign


Issuing Unit: OAS

PPM Category: Human Resources

Document Number: PPM 862

Date of Publication: 1/2/2018

Title: PERSONAL ASSISTANCE SERVICES

POLICY:
The Farm Credit Administration’s (FCA or Agency) policy is to comply fully with the Equal
Employment Opportunity Commission (EEOC) regulation requiring Federal agencies to
provide Personal Assistance Services (PAS) as part of their obligation to engage in
affirmative action to employ people with disabilities. FCA is committed to providing PAS
to its employees with targeted disabilities who require such assistance in order to be at
work or participate in work-related travel, unless doing so would impose undue
hardship.

REFERENCES:

e Rehabilitation Act 1973, 501(b)

© 29 CFR §1614.203(d)(5)

e Questions and Answers: Federal Agencies’ Obligation to Provide Personal
Assistance Services (PAS) under Section 501 of the Rehabilitation Act
(September 18, 2017)

© Questions and Answers: The EEOC’s Final Rule on Affirmative Action for People
with Disabilities in Federal Employment (undated)

APPLICABILITY
This policy covers all FCA employees. Section III also covers applicants for FCA
employment.

DELEGATED AUTHORITY
The Chief Operating Officer is authorized to approve implementing procedures and
controls.

REPORTING REQUIRED
PPM 857, Reasonable Accommodation for Individuals with Disabilities, requires the
Reasonable Accommodation Coordinator (RAC) to prepare an annual report for the
Chief Executive Officer (CEO) on reasonable accommodation requests. Requests for
PAS will be included in this report.

APPROVED /s/ Date 1/2/18
Dallas P. Tonsager
Chairman & Chief Executive Officer