Since the COVID-19 pandemic several years ago, employers have permitted employees to work remotely (telework) or work a hybrid schedule. Recently, however, employers are increasingly requiring employees to return to in-person work. These return-to-office initiatives can pose challenging issues for employers, who desire to optimize their business needs while at the same time helping their employees understand the benefits of returning to in-person work.

Requiring Return to Office

Employers legally can require employees to return to in-person work, even if they were hired with an understanding that they could work remotely or work a hybrid schedule. In the public sector and other unionized workforces, employers may be required to follow certain procedural requirements, but they can still mandate return to office,.

Employers should remember, though, that requests for remote work as a reasonable accommodation of a disability must be treated differently and managed on a case-by-case basis.

Remote Work as a Reasonable Accommodation for a Disability

Employees may request fully remote work as an accommodation of their disabling medical condition. Employers who receive such requests should take three steps:  (1) obtain documentation from the employee’s health care provider detailing the employee’s restrictions and limitations and demonstrating that remote work is medically necessary; (2) evaluate the essential functions of the employee’s position to determine if remote work will be effective in allowing the employee to perform those functions; and (3) evaluate whether remote work will impose an undue hardship on the employer. 

The last step, conducting an undue hardship analysis, is often unnecessary because accommodation fails on one of the first two steps. That said, it is always the employer’s burden to show that remote work is not medically necessary and/or effective.

If fully remote work is approved as an accommodation, then the employer should carefully document the details of the arrangement, including the duration, schedule requirements, videoconference protocol, and similar matters.     

Return to Office Notice

Before requiring employees to return to in-person work, employers should review and comply with any applicable agreements, such as collective bargaining agreements and/or memoranda of understanding, which may require union employees to work a hybrid schedule or a certain notice period before returning to office. Employers also should consider remote work agreements with other employees that contain similar provisions.

Even if notice is not required, best practices dictate that employers provide some advance written notice of a return-to-office requirement. The notice should include the date on which employees must return to the worksite and other logistical details, such as schedule ad location.  The notice also should include the reason for requiring return to office and list a point of contact to handle employees’ questions and concerns.

Balancing Everyone’s Interests

For workplaces in which employees have become accustomed to remote work or hybrid schedules, return-to-office initiatives, especially rigid ones, can result in resignations or low morale. Employees often do not share their employer’s views about the value of in-person work, and understandably enjoy the flexibility that comes with remote arrangements.

To ease a return-to-office transition, employers should be reasonable, transparent, and fair.  For example, requiring employees to return to office “effective immediately” likely will result in more disgruntled employees than giving reasonable notice. Respect and professionalism go a long way in this area. Employers should emphasize the many ways in which working onsite can benefit employees’ career development and result in increased workplace camaraderie, and take appropriate steps to make the onsite workplace as engaging and beneficial as possible.