§ 301-9.2 - Additional travel expenses incurred by an employee with a disability.

(a) Policy, applicability, and general rules—(1) Policy. In accordance with the Rehabilitation Act of 1973, as amended, (29 U.S.C. 701 et seq.) and 5 U.S.C. 3102, these provisions are intended to accommodate an employee with a disability by providing for reimbursement of necessary additional travel expenses incurred in the performance of official travel.

(2) Applicability. This section applies to an employee with a disability as defined in paragraph (b) of this section.

(3) General rule. Payment is authorized for the additional travel expenses listed in paragraph (c) of this section which are necessarily incurred by an employee with a disability in the performance of official travel.

(b) Definitions. For purposes of this section, the following terms have the meaning indicated:

(1) Employee with a disability. The term “employee with a disability” means an employee who has a disability as defined in paragraph (b)(2) of this section, and is otherwise generally covered under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq..

(2) Disability. The term “disability”, with respect to an employee, means:

(i) Having a physical or mental impairment that substantially limits one or more major life activities;

(ii) Having a record of such an impairment; or

(iii) Being regarded as having such an impairment.

(3) Physical or mental impairment—(i) The term “physical or mental impairment” means:

(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardio-vascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or

(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(ii) The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and orthopedic, visual, speech, and hearing impairments.

(4) Major life activities. The term “major life activities” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(5) Substantially limits. The term “substantially limits” means the employee is unable to perform a major life activity that the average person in the general population can perform; or is significantly restricted as to the condition, manner, or duration under which he/she can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.

(6) Has a record of such an impairment. The term “has a record of such an impairment” means the employee has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.

(7) Is regarded as having such an impairment. The term “is regarded as having such an impairment” means the employee:

(i) Has a physical or mental impairment that does not substantially limit major life activities but the impairment is treated by the agency as constituting such a limitation;

(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(iii) Has none of the impairments defined in paragraph (b)(3) of this section but is treated by the employing agency as having a substantially limiting impairment.

(c) Allowable expenses. The following expenses are allowable additional travel expenses payable to an employee with a disability:

(1) Transportation and subsistence expenses authorized under this chapter that are incurred by an attendant accompanying the employee, whether the attendant is or is not a member of the employee's immediate family, when the employee requires the assistance of an attendant;

(2) Cost of specialized transportation for the employee to, from, and/or at the temporary duty location;

(3) Cost of specialized services provided by a commercial carrier necessary to accommodate the employee's disability;

(4) Costs incurred as a direct result of the employee's disability for baggage handling in connection with public transportation or at lodging facilities;

(5) Cost of renting and/or transporting a wheelchair; and

(6) Cost of premium-class accommodations when necessary to accommodate the employee's disability (the necessity must be substantiated in writing by a competent medical authority and authorized under § 301-3.3 of this chapter).