[blindlaw] FMLA and Blind Rehab

[Craig Borne]

Hi Tim,
Your reasonable accommodation theory is interesting.  However, a renewed
need for a reasonable accommodation would not need to be a change in
medical condition.  If the scope of the job has changed, as she is
alleging, then an accommodation may be an option.  She claims that more
travel is being asked of her, and although no change has occurred in her
medically, the need for additional mobility training may be in order.
This may be seen as further Vocational training, and that is why FMLA
was offered as one vehicle.
Craig 


Craig Borne, Esq.
Manager, ADA and Title VI Compliance 
Office of ADA, Regulations, Risk Management, and Special Projects
(OARRS)
 
Maryland Department of Transportation
7201 Corporate Center Drive
P.O. Box 548, M.S. 330
Hanover, MD 21076
Phone: 410-865-1378
Fax: 410-865-1113
E-Mail: cborne at mdot.state.md.us
 
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-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of Ford, Tim (DHS-OLS)
Sent: Tuesday, May 01, 2007 11:05 AM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] FMLA and Blind Rehab

I think it would be a real stretch of FMLA to allow leave for this.  The
other approach might be some sort of reasonable accommodation concept,
but since this is not caused by any change in the person's medical
condition, but apparently strictly a life style choice, I do not see
that as a viable approach.  Perhaps vacation time is the only option.  I
am house counsel for my state agency's Office of Civil Rights, and I
frankly admit that if this scenario came to me, I would deny use of
anything but vacation leave, and if the person did not have enough time
on the books, then they would have to take it as unpaid leave.


-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of Craig Borne
Sent: Tuesday, May 01, 2007 6:18 AM
To: NFBnet Blind Law Mailing List
Subject: [blindlaw] FMLA and Blind Rehab

Has anyone encountered this situation:
Employee is blind and has been for the past 10 years.  Employee
functions very well in work place.  Employee has been a white cane user
for those 10 years, but now would like to use a guide dog.
Guide dog programs are typically about 28 days for first time
participants.  Office HR believes that employee will need to take "leave
without pay" for the 28 day period because guide dog training is not
"medically necessary."
Any thoughts on how a preference in mobility aids would have this
scenario fall under FMLA?
Thank you,
Craig

Craig Borne, Esq.
Manager, ADA and Title VI Compliance
Office of ADA, Regulations, Risk Management, and Special Projects
(OARRS)
 
Maryland Department of Transportation
7201 Corporate Center Drive
P.O. Box 548, M.S. 330
Hanover, MD 21076
Phone: 410-865-1378
Fax: 410-865-1113
E-Mail: cborne at mdot.state.md.us
 
*** This communication may contain information that is legally
privileged, confidential or exempt from disclosure. If you are not the
intended recipient, please note that any dissemination, distribution
and/or copying of this communication is strictly prohibited. Anyone who
receives this message in error should notify the sender immediately
either by telephone or by return email and delete it from his/her
computer.  Thank you.  
 



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