[blindlaw] FMLA and Blind Rehab

[Ford, Tim (DHS-OLS)]

I think the operative word here is "choice".  If someone is getting
guide dog training as a matter of personal choice, and their cane travel
skills were adequate for the job, then I think it is unfair to get paid
leave for time to pursue that personal choice.   

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of Mazen
Sent: Tuesday, May 01, 2007 12:05 PM
To: 'NFBnet Blind Law Mailing List'
Subject: Re: [blindlaw] FMLA and Blind Rehab

knowing nothing about the FMLA, it seems like giving paid leave for at
least part of the  time for getting mobility training is a reasonable
accommodation whether or not there was a medical necessity. My employer
has agreed to give me one week of paid leave for such training provided
that I am able to meet my hours expectations notwithstanding the leave. 

Requiring unpaid leave or the use of vacation time appears to me to be
punishing the employee for their choice of  mobility. I'm curious if
there's any caselaw on the subject?

M~

Mazen M. Basrawi
Bingham McCutchen LLP 

 

-----Original Message-----
From: Ford, Tim (DHS-OLS) [mailto:TFord at dhs.ca.gov]
Sent: Tuesday, May 01, 2007 8:05 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
 
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