Date: January 13, 2016 From: Mishaela Duran Director Office of Regional Operations To: Thomas Sullivan

Regional Administrator, Denver (Region 8) Office of Regional Operations

Subject: Request for Reasonable Accommodation This memorandum notifies you of my decision regarding your request for advance sick leave if you exhaust your sick leave balance and authority to telework episodically. Under the Rehabilitation Act of 1973, as amended including the Americans with Disabilities Act (ADA) Amendments Act of 2008 (ADAAA), ACF must provide reasonable accommodation to qualified employees with disabilities unless doing so would cause an undue hardship. A qualified individual with disability is one who can perform the essential functions of his/her job with or without accommodation, and has an impairment that substantially limits a major life activity or a record of an impairment that substantially limits a major life activity. Federal employers are required to provide reasonable accommodation to an employee when the employee has demonstrated that he/she has an impairment that substantially limits a major life activity and is qualified to perform the essential functions of their position with or without a reasonable accommodation. Due to the medical complexity of your request and because the need for reasonable accommodation was not obvious, your request was sent to the FOH medical expert for recommendations. Based on FOH’s review of your reasonable accommodation request and the information provided by your medical provider, FOH was unable to recommend approval of your request as reasonable accommodation. FOH cautioned of the decision to grant advance sick leave based on whether it may be earned back, and stated that there was not enough medical information to recommend telework. FOH recommended a discussion between you and management over your concerns about ACF, as it might

Administration for Children & Families

370 L’Enfant Promenade, S.W.

Washington, D.C. 20447

www.acf.hhs.gov

Page 2 – Denial of Reasonable Accommodation Request – Thomas Sullivan provide greater insight into your situation and possibly lead to some alternative accommodations. I concur with FOH’s recommendation. Please note that this will close out this official request for reasonable accommodation. Therefore, should you wish to have your request reconsidered or require further accommodations, please be sure to let me know immediately, so that we can together ensure that your accommodation needs are met. Should you have any questions about the decision in this memorandum, please raise them with me. If you have any questions about the reasonable accommodation process, or a need for additional reasonable accommodations, direct those to Wanda Turner, the Reasonable Accommodation Coordinator, in the Office of Diversity Management and Equal Employment Opportunity at Wanda.Turner@acf.hhs.gov or contact her by phone at (202) 401-5500.

In addition, the FOH Federal Consortium EAP provides assessment, counseling, referral, training, and consultation to federal employees and agencies throughout the United States. To participate in the FOH Consortium or for administrative details about your existing FOH EAP services, contact FOH EAP toll free anytime, day or night at 1-800-222-0364 (TTY: 1-888-262-7848) or access EAP services on the Web www.FOH4You.com. Under the Department of Health and Human Services (DHHS) and National Treasury Employees Union (NTEU) Consolidated Collective Bargaining Agreement (CBA), Article 45 provides the administrative grievance procedures. You have the right to file a grievance in connection with this action. If you choose to have this action reviewed, Step 1 of the grievance process, you must submit in writing to the immediate supervisor within 30 calendar days after your receipt of this action. You may find Article 45 of the HHS and NTEU CBA, which explains the grievance process at the following website: http://intranet.hhs.gov/abouthhs/administrative/cba/hhs-nteu_cons_coll_barg_agreement.pdf. If you are dissatisfied with the resolution of your request and wish to initiate an EEO complaint pursuant to the Equal Employment Opportunity Commission regulations at 29 C.F.R. § 1614, you must contact an EEO Counselor within 45 calendar days from your receipt of this memorandum. You may request an EEO Counselor by contacting the Office of Diversity Management and Equal Employment Opportunity at (202) 401-4560. As part of the complaint process, the EEO Counselor advises those who initiate an informal complaint of the right to elect mediation as an alternative dispute resolution process to attempt complaint resolution. Acknowledgment of Receipt: To acknowledge that you have received this notice, please sign and date in the space below. Your signature does not mean that you agree or disagree with this notice and by signing you will not forfeit any rights to which you are entitled. Your failure to sign will not void the contents of this memorandum.

Page 3 – Denial of Reasonable Accommodation Request – Thomas Sullivan I acknowledge receipt of this memorandum: ________________________________________ ___________________ Name of Employee Date