Since April 2024, state employees have been required to return to the office at least two days per week. However, in March of this year, Governor Newsom announced that, effective July 1, 2025, most state employees must be onsite four days per week. Limited telework exceptions will be granted on a case-by-case basis, and workers who were hired with a telework arrangement will be able to continue working remotely.  California state employers are now facing a surge in accommodation requests for fully remote work, and other challenges related to complying with the order.

In issuing the mandate through Executive Order N-22-25, Governor Newsom stated, “In-person work makes us all stronger — period. When we work together, collaboration improves, innovation thrives, and accountability increases. That means better service, better solutions, and better results for Californians, while still allowing flexibility.” The executive order also noted that “several leading private sector employers have recently increased in-person work requirements, including some implementing full-time in-person requirements, and a number of public sector employers, including in California, have likewise recently increased in-person work expectations.”

The order contains the following key directives:

• State agencies offering a hybrid telework policy will implement a default of four in-office days per week beginning July 1, 2025, allowing for case-by-case telework exceptions consistent with the executive order. CalHR has issued statewide guidance on appropriate exceptions that will address, among other topics, employees whose positions require telework and employees who do not live near their duty stations and were hired with a mutually agreed-upon telework arrangement.
• State agencies and departments must develop plans to accommodate the increase in in-person work, including with respect to workplace facilities and employee transportation options.  
• The Government Operations Agency, the Department of General Services, and CalHR, will support agencies and departments in implementing the order.
• CalHR will promptly notify impacted bargaining units.

In addition, the executive order provides that CalHR will identify job openings that align with the skills of former federal employees, particularly in firefighting, weather forecasting and modeling, natural resource management, medical and mental health care, and the sciences.

Although there are pending legal challenges to the mandate, California state HR professionals, EEO officers, and legal counsel responsible for interpreting and applying the law, managing the interactive process, and avoiding compliance pitfalls should plan on participating in this our upcoming webinar facilitated by Jen Shaw. This timely and focused session will include the following topics:

• The requirements of Executive Order N-22-25
• Remote work as a reasonable accommodation under FEHA and the ADA
• Navigating the interactive process and documentation
• Avoiding retaliation, inconsistency, and legal missteps
• Union challenges and legal developments
• Practical guidance tailored to state employer environments

Private sector employers should take note, too.