OPM Issues New Guidance on Telework as a Reasonable Accommodation

The Office of Personnel Management (OPM) and the Equal Employment Opportunity Commission (EEOC) have released a set of frequently asked questions (FAQs) about how telework may be used as a reasonable accommodation.

The memo notes that many federal employees have requested and received telework as a reasonable accommodation but that telework and remote work are only available in limited circumstances, such as for a disability or medical condition.

The guidance in the FAQs stresses the following:

• Under appropriate circumstances, agencies may revisit and reassess telework accommodations that have been granted in the past;
• Agencies may require that requests for telework accommodations be supported by
  medical documentation or other appropriate evidence;
• Agencies may ask a federal employee’s health care provider about mitigating measures
  or self-accommodations;
• An agency is not required to ignore evidence tending to show that an employee is
  not entitled to an accommodation or requested one in bad faith;
• Agencies should centralize review of telework accommodations to ensure
  compliance and consistency; and
• Reasonable accommodations must relate to the employee’s employment, and need
  not be provided simply because they might personally benefit an employee.

Most Important Items from the Telework Accommodations FAQ

These are some of the main points covered in the list of frequently asked questions on using telework as a reasonable accommodation:

1. Reasonable Accommodation and Telework
   • A reasonable accommodation is a change in the work environment or process that enables a qualified employee with a disability to:
     • Participate in the application process,  
     • Perform essential job functions, or  
     • Enjoy equal employment benefits and privileges.  
   • Telework is a reasonable accommodation only when it meets one of these categories.  
2. Previously Granted Telework
   • Agencies are not required to continue all prior telework accommodations.  
   • They can reevaluate and modify them based on individualized assessments and changed circumstances (like the presidential return-to-office memorandum).  
3. Impact of the Presidential Memorandum
   • Agencies cannot automatically rescind or deny all telework accommodations.  
   • Individualized determinations are required to remain consistent with the Rehabilitation Act.  
4. Reevaluating and Modifying Accommodations
   • Agencies should:
     • Reevaluate significant accommodations periodically or when circumstances change.  
     • Consider effective in-office alternatives (assistive devices, modified schedules, environmental adjustments).  
     • Rescind telework only if the employee is not entitled to any reasonable accommodation.  
   • Medical Documentation
     • Agencies may request sufficient, updated medical information during reevaluation, especially if the disability or limitations are not obvious.  
     • Agencies can also inquire about mitigating measures that would allow effective in-office work.  
   • Handling Conflicting Evidence
     • Agencies may consider reliable contradictory evidence (e.g., observations, social media) and may request independent evaluations when necessary.  
   • Essential Functions and Telework
     • Returning employees to in-person work may restore essential functions suspended during the pandemic.  
     • Telework is required only when no other reasonable and effective accommodation exists.  
   • Employee Non-Compliance
     • Employees refusing to return after a telework rescission may be marked AWOL and face discipline, though they can still file EEO complaints.  
   • Limits on Telework Accommodations
     • Telework is not required for:
       • Personal convenience or symptom relief that does not affect essential job functions.  
       • Difficult or lengthy commutes outside the employer’s control (flexible scheduling may be reasonable instead).  
     • Situational Telework
       • Can be offered temporarily for convalescence or periodic flare-ups, but leave may be an equally reasonable option.
     • Anti-Retaliation
       • Employees requesting or receiving telework accommodations are protected from retaliation or interference.
     • Non-Binding Nature
       • This FAQ is technical assistance, citing EEOC guidance and case law, but is not legally binding.
     • Additional Resources
       • ADA National Network, CAP, JAN provide training, assistive tech, and expert guidance.

See the full list of FAQs for more details.

Telework Changes Under the Trump Administration

When President Trump took office, he issued a memo terminating telework and remote work arrangements for most federal employees.

Since that time, OPM has issued new telework guidelines to assist agencies in making sure their telework policies comply with President Trump’s memo.

Among other things, the new guidelines note that telework is a discretionary tool to be used sparingly, requiring a written agreement for routine use. Remote work, distinct from telework, involves performing all duties from an alternative worksite and requires agency approval, typically for specific exemptions.

OPM has also issued guidelines on using reasonable accommodations for religious purposes which state that telework can potentially be used as a religious accommodation. The guidelines note that federal agencies must individually assess telework requests for religious observance, balancing operational needs and documenting decisions.