Telework Accommodation Requests on the Rise

As more employers are requiring a return to onsite work, CEA’s phone line has been buzzing with questions about telework accommodation requests. This trend isn’t just limited to private employers, either. Governor Newsom’s Executive Order N-22-25 requires State employees to return onsite for a minimum of four days per week, subject to limited exceptions, starting July 1, 2025.

Many employees aren’t thrilled about increased commuting time, changes in their flexible schedules, and conflicts with personal obligations, such as childcare issues. Yet, many employers find value in onsite work, citing increased communication and collaboration, and the ability to maintain greater oversight and accountability.

CEA has several tips to smoothly transition your employees back to onsite work and handle those tricky accommodation requests.

Onsite Work Policies

First, if your employees have been approved for remote or hybrid work and you now wish to return to onsite work, it is highly recommended that you clearly address the change in a policy document. Give thought to whether this should be a company-wide change, by department, or by job category. It is important to establish consistency to avoid claims of favoritism or discrimination and reduce the perception of unfairness.

Also consider “phasing in” the transition back to onsite work rather than a change all at one time. For example, if your employees have been working from home twice a week, you might reduce that to one day a week to ease the burden, before returning to fully onsite work. Consider a good time to implement the policy change, and give employees ample advance notice to plan.

Additionally, address whether management will make exceptions to the onsite work policy, for what reasons, and outline how employees can request a remote/hybrid work exception. For example, the State of California established an exception for certain employees who live more than 50 miles away from their worksite. A private employer could choose to implement a similar exception on a consistent basis.

Remember, though, even if you choose to have a 100% onsite work policy with no exceptions, you are still required to accommodate employees with a medical condition or disability under the ADA/FEHA, as outlined below.

Accommodation Requests

When it comes to accommodation requests, there are a few things to consider. First, you should document the reason the employee is making the request to telework. This will help establish whether the request relates to a protected or unprotected reason.

Unprotected Requests—Matter of Discretion

For example, if an employee says they cannot return onsite due to childcare issues, this likely isn’t a protected accommodation request. It would likely be up to the employer to decide how to handle the request. And, even if you do allow telework, you may enforce a policy that employees must arrange for childcare during working hours, so they are fully available and present.

Protected Requests—Engage in the Interactive Process

Now, let’s say an employee claims they cannot return to the worksite due to a medical condition or disability, such as anxiety. In this case, the employer should engage in the interactive process to determine if a reasonable accommodation is required under the ADA/FEHA. We recommend starting the process by requesting a medical certification from the employee’s health care provider, using this Sample Packet from the Civil Rights Department.

• Do I always have to grant telework when the employee cites a medical condition or disability?
  No. If the employee’s job, or essential parts of the job, cannot be performed at home, this could be a reason to deny the request. For example, if a restaurant waiter requests telework, it would not be possible to perform their job duties from home. The next step in this case would be to explore other accommodation options to work onsite, possible reassignment to another position that can be performed remotely, or a leave of absence.
• If the job can be performed remotely, must the request be granted? Still not necessarily. After gathering information about the employee’s specific limitations from their healthcare provider, you can explore if other effective options would allow them to work onsite and perform essential job functions. For example, if you have an employee who gets migraines from your office lights, you may explore providing them a private office onsite with different lighting.

The Job Accommodation Network (JAN) has some great resources for employers handling telework accommodation requests. Refer to JAN’s Telework Accommodation Request Flow Chart and Finding Alternatives to Telework as an Accommodation: Interactive Process Tips.

Remember, accommodation requests for medical conditions/disabilities should always be assessed case-by-case, based on that specific individual’s limitations as certified by their health care provider, as well as their essential job functions. An employer is not necessarily obligated to provide the employee’s requested accommodation, but instead, any reasonable accommodation that allows them to perform essential job functions, absent undue hardship.

Remote Work as a Benefit

Employers should be mindful that remote work is viewed as a “benefit” for many employees, who often even assign it a monetary value. Therefore, if this is something you are taking away, assess what impact this might have on employee satisfaction and retention. Are there other incentives or wage increases you should consider that may be cheaper than recruiting and onboarding costs?

One final takeaway is to stay flexible through the accommodation request process, as there can be mutually-beneficial solutions that may not be immediately apparent. If an employee is requesting a telework accommodation, even if not for a protected reason, try to dig deeper behind the “why.” Oftentimes, you may be able to work with the employee to come up with a solution or resolve the problem entirely.

Do you have a tricky accommodation issue and need to speak with a subject matter expert? CEA members can call our HR Advisors at 800.399.5331.