Return-to-Office Resets: What You Need to Know

Question: One of our department heads wants to issue a return-to-office (RTO) mandate. What should we consider before revoking remote-work arrangements? Can we require fully onsite work for some teams and not others?

Answer: Before rolling out a return-to-office (RTO) mandate, you should give thought to how to make the transition, messaging the rationale to your staff, and what impact the mandate may have on retention. Also, be prepared to handle requests for exceptions and reasonable accommodations. 

While you can require onsite work only for certain teams or departments, it is important to be consistent in your decision-making process. We recommend implementing a remote work policy that covers eligibility for remote/hybrid work to avoid claims of favoritism and discrimination.

Return-to-Office Considerations

After years of remote and hybrid work arrangements shaped by the pandemic, many employers are now reassessing whether those models still align with their operational needs. As a result, return-to-office resets are gaining renewed momentum. However, employers should be thoughtful about RTO mandates and consider the following:

• Who will be covered? You should decide whether the RTO mandate will be company-wide, or if it only makes sense for certain teams or departments. If only certain employees are impacted, make sure your selection criteria are fair and consistent to avoid perceptions of unfairness.

• What is the effective date? You should also think about the timing for the transition. For example, it might be too disruptive to issue a company-wide RTO mandate during your company’s “busy season.”

Many employers also choose to “phase-out” hybrid work arrangements to help employees ease back into onsite work. For example, if employees have been allowed to work three days from home, you may initially allow two days from home for a couple of weeks, then transition to one day, and then finally to fully onsite work.

• Will we lose talent? Many employees view remote work as an employment benefit, which means it is an important attraction and retention tool. According to the Integrated Benefits Institute Analysis, 47% of employees say they would quit if their employer ordered RTO full-time. Make sure you have insight into what impact the mandate may have in your industry or location, and be prepared to hire workers if needed.

• Do we have all of the resources we need onsite? If many of your employees have been operating remotely or on a hybrid basis for years, you may not realize that you don’t have enough equipment or space for everyone onsite—docking stations, office supplies, areas for private calls, etc. Ensure you prepare for these needs well in advance.

• How will we message the change to our employees? To help employees be more receptive to the transition, it is important to provide a clear and consistent rationale behind the RTO mandate. You should give employees plenty of advance notice, as many workers plan their lives around remote-work arrangements and may need time to adjust to fully onsite work again. Brief your supervisors and managers so they are prepared for questions, and provide a contact, such as Human Resources, for employees to reach out to with any concerns.

Reasonable Accommodations for Disabilities & Medical Conditions

Many employers also wonder whether there are circumstances when they must allow remote work. Generally, employers do not have to allow remote work just because it was permitted during the pandemic, or because an employee has personal or childcare conflicts.

However, employers may be required to grant remote work (or allow it to continue) as a reasonable accommodation related to an employee’s disability or medical condition, even if you have a 100% onsite work policy or a new RTO mandate.

Of course, for some jobs, the essential duties can only be performed in the workplace (e.g., construction worker) but for many positions, some or all of the essential duties can be performed at home. Employers should evaluate each situation case-by-case to determine if, and to what extent, it is feasible for the employee to perform essential duties remotely. It is also the employer’s right to request a medical certification supporting the need for a remote work accommodation.

For example, if an office assistant has a rare condition and their doctor advises staying away from the worksite during cold and flu season due to their increased vulnerability, consider whether their essential functions can be performed at home. This may require the employer to provide equipment for a home office, such as a laptop and phone, as is reasonable.

Remote & Hybrid Work Policies

Even with an increase in RTO mandates, many employers still have a combination of onsite, remote, and hybrid arrangements. If you do allow remote or hybrid work, it is important to have a comprehensive policy on eligibility requirements, availability expectations, reimbursements, and how to safeguard company equipment and information, among other provisions.

CEA members can get started with our customizable Remote Work Policy and Agreement!