Heard It on the Hotline: Ending Remote Work

December 22, 2022
Publication
Inside HR
ADA & Accommodations
Read time: 2 mins

Q: Can employers mandate that employees return to the workplace and prohibit remote work?

A: Many employers are considering requiring employees to return to the workplace rather than continuing to allow them to work remotely as some have been doing for an extended period of time. When taking steps to do so, employers should be cautious if an employee raises a medical concern that may prevent them from returning to the workplace. In those cases, employers should review the medical concern to determine if it meets the definition of a disability under the Americans with Disabilities Act. If the medical condition could be considered a disability as defined by the ADA, an employer will likely need to initiate the ADA interactive process and then consider providing accommodation under the ADA. This may result in the employer permitting the employee to continue to work remotely until their medical condition is resolved or improved enough to resume work at a designated location. Under the ADA, accommodations should be provided unless they create an undue hardship for the employer. An employer would likely be challenged if they firmly assert that working remotely is an undue hardship, especially if the employee has successfully worked remotely for the last several months. Therefore, using the interactive process to determine if an accommodation can and should be made is advised.

Members can access valuable disability accommodation resources, including sample forms and communication templates, in our Americans with Disabilities Act Toolkit.

If you have questions on FMLA protections and obligations, MRA’s 24/7 HR Hotline Advisors are here to help at 866-HR-Hotline (866.474.6854) or email [email protected].