A recent memo from the Office of Personnel Management (OPM) and the Equal Opportunity Office (EEOC) outlines frequently asked questions (FAQs) regarding reasonable accommodation for telework for federal employees with disabilities. As initially reported by FedSmith, the memo notes that telework and remote work are only available in limited circumstances, such as for a disability or medical condition.
Following the release of the memo on Feb. 11, 2026, federal employees with disabilities may be wondering about additional aspects related to their accommodations for telework. For example, when must agencies grant telework as a reasonable accommodation for employees with disabilities, and when can they say no? And how do these new FAQs affect employees with specific disabilities?
When Agencies Must Grant Telework as a Reasonable Accommodation — and When They Can Say No
There are standards that agencies must apply under the Rehabilitation Act of 1973 when evaluating telework requests; however, it should be noted that neither the Rehabilitation Act nor the Americans with Disabilities Act defines telework.
Section 501 of the Rehabilitation Act guarantees qualified federal employees and applicants with disabilities the right to reasonable workplace accommodations. A reasonable accommodation is an adjustment made to how a job is done or to the workplace itself that enables qualified individuals with disabilities to perform (or apply for) a job, and facilitates equal access to benefits associated with employment, like access to promotion or bonuses.
The EEOC defines telework as work performed someplace other than the employer’s worksite. In an effort to clarify this, the FAQs emphasize that agencies must determine whether telework enables the employee to perform essential functions and when they may rescind or modify accommodations, because an employee is not necessarily entitled to their preferred accommodation “in perpetuity.”
Therefore, an agency may reevaluate a previously granted telework accommodation and replace it with a so-called “effective alternative reasonable accommodation,” based on “appropriate circumstances.”
“Appropriate circumstances” may include:
- situational telework in response to extenuating circumstances, such as allowing an employee with a disability to temporarily work from home for a set duration while recovering from a medical procedure;
- telework approved by the agency and meeting what the employer deems a compelling agency need;
- telework used by an agency as a reasonable accommodation for a qualifying disability or medical condition; or
- other compelling reasons certified by the agency head, such as retaining an employee with a critical skill set that cannot easily be replaced.
Therefore, these conditions mean that employees with disabilities must be able to justify their appropriate circumstances to be eligible for remote status moving forward.
However, it should be noted that President Trump’s January 2025 executive order requiring federal employees to return to in-person work does not nullify the Rehabilitation Act, nor does it try to. Even the EO itself states it is to be “implemented consistent with applicable law.” Applicable law, in this case, is Section 501 of the Rehabilitation Act, which guarantees reasonable accommodations to qualified federal employees and applicants.
What About Employees With Specific Disabilities, i.e. Immunosuppression, Mobility Issues, or Mental Health Conditions?
For those federal employees with specific disabilities who benefit from remote work, OPM defines an individual with a disability as a person who has a physical impairment or mental impairment that substantially limits one or more of a person’s so-called “life activities” (seeing, hearing, walking, breathing, working, reading, sleeping, and more), has a record of impairment, or currently is regarded as having an impairment, as provided in the Rehabilitation Act.
In addition to medical conditions such as illnesses or diseases affecting an employee’s ability to work in person, which may or may not be temporary, the most severe and often permanent disabilities identified by the federal government include:
- blindness;
- deafness;
- partial and full paralysis;
- missing extremities;
- dwarfism;
- epilepsy;
- intellectual disabilities; and
- psychiatric disabilities.
What Federal Employees Should Expect When Agencies Revisit Existing Telework Accommodations
The FAQ guidance explicitly states that agencies may reassess telework accommodations that were granted previously. Upon reassessment of remote work, it is essential that the employee fall into one of the above-listed disabilities identified by the federal government to improve the chances that their remote status is continued.
A federal employment attorney can help you defend your accommodation in a variety of ways, including reviewing medical documentation to ensure that remote work is the most appropriate option for you.
If the agency revokes your telework option, but you physically cannot return to the office, you may be eligible for FERS Disability Retirement, in which a federal employment attorney can help determine if there is a failure-to-accommodate claim at issue that may strengthen your case for immediate medical retirement benefits.
Further, an attorney can guide you through all reassessment meetings to assist you in best articulating your needs for remote work.
How to Strengthen a Telework Accommodation Request Under the New OPM/EEOC Guidance
While no specific disability accommodation is guaranteed, there are some things you can do as a federal employee to make your request for remote work as strong as possible.
First off, find out from your employer which (if any) specific aspects of your job they believe cannot be performed effectively and completely via remote work. If they struggle to come up with a reason beyond federal policy, then your request for remote work should not cause undue burden to the agency.
A federal employee’s request for remote work or continuation thereof as a reasonable accommodation for a disability should state that:
- You have a disability or medical condition.
- You are requesting accommodations.
- Explain which aspects of your job and/or workplace are problematic for you and how they relate to your disability.
- Suggest accommodations that would work for you and explain why those accommodations would be effective.
- Invite your employer to share alternative accommodation suggestions if your suggestions are deemed unreasonable.
Note attached medical documentation attesting to the fact that you have an ADA-recognized disability and that you would benefit from the option to work from home.
Ideally, your supporting documentation should also endorse your accommodation suggestions—working from home, in this case—as effective in mitigating the symptoms/risks associated with your disability or medical condition.
OPM and the EEOC have stated that making individualized determinations on all previously granted telework accommodations will take time and effort, and that it is “impracticable — and likely impossible” for a large agency to make simultaneous decisions in all cases.
Further, decisions affecting remote federal employees with disabilities will likely be made on a rolling basis, OPM and the EEOC say, meaning some employees may have telework accommodations rescinded or modified earlier than others, and recommend agencies apportion this task “with an eye towards minimizing disruption.”
If you have questions about the FAQs from OPM and the EEOC as it relates to your federal employment disability remote status, our Tully Rinckey attorneys can help. Schedule a consultation online or call (888) 529-4543.
