Personal Assistance Services in the Workplace

Over the last 50 years, U.S. law has changed, enabling people with disabilities to have greater equality in the workplace. Laws like the Rehabilitation Act in 1973, the Americans with Disabilities Act (ADA) in 1990, and the Workforce Investment Act (WIA) in 1998 have been especially important in this process. Thanks to these laws, people with disabilities can get the support they need to be employed, which can include Personal Assistance Services (PAS) in the workplace.

Reasonable Accommodations

A key way that these laws have expanded the job possibilities of people with disabilities is by requiring that most employers provide reasonable accommodations to their employees. A reasonable accommodation is an adjustment or modification to a job or workplace that lets an employee with a disability do the essential functions of the job.

Note that the ADA only applies to employers with 15 or more employees. If you work for an employer with fewer than 15 employees, your employer may not be legally required to provide you with the accommodation you need. However, many small employers choose to provide accommodations even when they don’t have to do so. Learn more about the law in DB101’s Job Supports and Accommodations article.

Note: The ADA does not apply to employers that are owned and operated by Indian tribes, but Section 504 of the Rehabilitation Act may apply if tribal employers accepted federal financial assistance. Some Indian tribes have also adopted laws that are similar to the ADA.

Workplace Personal Assistance Services (PAS)

Some people need Personal Assistance Services (PAS) in the workplace to be able to do the essential functions of their jobs. Workplace PAS are a little different than PAS that you get in your home, because instead of helping you with Activities of Daily Living (ADLs), they help you with work-related tasks.

If you need Personal Assistance Services in the workplace to be able to do the essential functions of your job, they may be considered a reasonable accommodation under the ADA. If they are, your employer may have the responsibility to provide these services if you request them.

Some people may also need help with activities of daily living in the workplace. For example, an employee with limited mobility may have a Personal Care Assistant (PCA) help with personal care, like in the restroom or at lunch breaks.

Requesting a Reasonable Accommodation

Before you request PAS at your workplace, you need to understand the rules and protections related to getting a reasonable accommodation.

In order to get any reasonable accommodation at a job, including PAS, you must disclose that you have a disability. In fact, the only time it is required to disclose a disability in the workplace is when you request a reasonable accommodation. Your employer may then ask for documentation that shows your disability and your need for a reasonable accommodation.

Once you have provided the documentation, you and your employer will discuss what the best accommodation would be and come to an agreement. If you request PAS as your accommodation, your employer may accept that. Or, your employer might think of a different accommodation that makes more sense from their point of view. The employer only has to provide an accommodation that lets you do the key duties of your job, not the exact accommodation you requested.

For example, if you request a personal assistant to read documents out loud, the employer may find it more affordable to get you screen-reading software for your computer that will read documents to you.

DB101’s article on Job Supports and Accommodations has more information about disclosing your disability and requesting reasonable accommodations.

Funding for Personal Assistance Services in the Workplace

If the PAS you need are related to your job duties and are considered a reasonable accommodation, they will often be paid for by your employer. If your PAS are not related to your job duties, like transportation to and from work or personal care services during your lunch break, your employer will probably not pay for them.

You may also be able to get funding from the Georgia Vocational Rehabilitation Agency (GVRA) if you are working with a vocational counselor and need PAS to find and maintain a job. However, GVRA only provides these services for a limited time, until you find stable employment. If you are on a waiting list for a Medicaid waiver and need PAS to do your job, you could apply for temporary services through GVRA.

Additional funding may also be available from the following sources:

• The Department of Veterans Affairs
• Workers' Compensation coverage

Resources for Workplace Personal Assistant Services

• Virginia Commonwealth University’s Rehabilitation Research and Training Center provides the resource Personal Assistance in the Workplace: A Customer-Directed Guide Manual.
• The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) has links to several good resources about Personal Assistance Services.