Know Your Rights: Telework / Work at Home

February 13, 2025

With recent news of the state and federal governments and many companies requiring their workers return to the office full time, you may be concerned about your rights as a person with a disability. While the ADA does not require an employer to provide a telework option to all employees, you should know that your employer’s return to work requirement is not necessarily a blanket policy, and you still may be able to request to work from home as a reasonable accommodation.

To make sure that your need for accommodation is addressed before you have to return to work, you should act now. To request a reasonable accommodation, it is best to submit a written request. You should explain that you have a disability, and, because of that disability, you need to work at home fully, part time, or on a “as needed” basis, depending on your situation. You may have to submit a letter from a doctor, psychiatrist, or other professional with your request to confirm that you have a disability and that the requested reasonable accommodations are necessary because of that disability. You should give your reasonable accommodation request letter and the accompanying supporting letter from a medical professional to your employer. Remember to date your request, include a due date for your employer to respond (two (2) weeks from when the letter is sent is a reasonable amount of time), and keep a copy for your own records of any documents you give to your employer.

Your employer must respond to your reasonable accommodation request. Although there is no limit on the time your employer can take to respond, the failure of your employer to respond to your reasonable accommodation request could be disability discrimination.

The Job Accommodation Network (JAN) provides free consulting services for all employees, regardless of their medical condition. Services include one-on-one consultations about all aspects of job accommodations, including the accommodation process, accommodation ideas, product vendors, referral to other resources, and ADA compliance assistance. You can contact a JAN consultant by telephone at 800-526-7234; and by text message at 304-216-8189.

For general guidance on the basics of the Americans with Disabilities Act (“ADA”) and how to request and negotiate a reasonable accommodation, see the Employees' Practical Guide to Requesting and Negotiating Reasonable Accommodations available online here: https://askjan.org/publications/individuals/employee-guide.cfm. JAN also has information regarding Telework JAN A-Z Telework: http://askjan.org/topics/telework.cfm.

If you are a union member you should check with your union representatives to see if you have additional rights.

For More Information:
Contact the Equal Employment Opportunity Commission (EEOC): You can call 1-800-669-4000 to discuss your situation. The EEOC also has information regarding Work at Home/Telework as a reasonable accommodation. https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation