As many employers continue to develop their post-COVID return-to-office policies, questions remain about when remote work may be required as a reasonable accommodation under federal disability law.
On February 11, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Office of Personnel Management (OPM) issued federal-sector FAQs addressing telework as a reasonable accommodation under the Rehabilitation Act and the Americans with Disabilities Act (ADA) in connection with the federal government’s return-to-office directive. While the FAQs are directed to federal agencies, they reinforce longstanding ADA accommodation principles that are also relevant to private employers evaluating telework requests in a post-pandemic workplace where remote work became more common.
The guidance highlights several key principles: telework may be required in certain circumstances, but it is not automatically required simply because an employee prefers it or because remote work was permitted during the COVID-19 pandemic.
For employers managing accommodation requests while implementing in-office expectations, the FAQs provide a useful framework for evaluating when telework may or may not be required under federal disability law.
Telework May Be Required if It Enables Essential Job Functions
Under the ADA, employers must provide reasonable accommodations that allow qualified employees with disabilities to perform the essential functions of their jobs unless doing so would create an undue hardship.
Remote work may qualify as a reasonable accommodation where working from home allows the employee to perform essential job duties or access workplace opportunities and benefits on an equal basis with other employees. The determination is highly fact-specific and must focus on the duties of the position and the employee’s limitations.
Employers evaluating telework requests should consider whether the employee can effectively perform the core functions of the role remotely and whether physical presence is truly necessary. For some roles, particularly those involving in-person collaboration, supervision, customer interaction, or use of specialized equipment, on-site attendance may remain an essential function of the position.
Employers Are Not Required to Provide an Employee’s Preferred Accommodation
The ADA requires employers to provide effective accommodations, but it does not require employers to grant the employee’s preferred accommodation if another effective option is available.
If multiple accommodations would enable the employee to perform the essential functions of the job, employers generally may choose among those alternatives. For example, an employer may determine that modifications such as adjusted workspaces, modified equipment, or schedule changes address the employee’s limitations without requiring full-time telework.
This flexibility can be particularly important as organizations balance operational needs with requests for remote work.
Pandemic-Era Remote Work Does Not Automatically Redefine Job Requirements
The widespread shift to remote work during the COVID-19 pandemic raised questions about whether temporary telework arrangements permanently changed the essential functions of certain jobs.
The EEOC’s guidance reinforces that temporary remote work implemented during the pandemic does not necessarily alter a position’s essential duties. Employers may still determine that in-person attendance is required if physical presence remains necessary for the role or for business operations.
In evaluating telework requests, employers should continue to assess the actual job duties and operational requirements of the position rather than relying solely on temporary arrangements implemented during emergency conditions.
Employers May Reevaluate Existing Telework Arrangements
The FAQs also make clear that previously approved accommodations are not necessarily permanent. Employers may revisit existing telework arrangements when job responsibilities change, operational needs evolve, or business conditions shift.
When reconsidering an accommodation, employers should engage in the interactive process with the employee to determine whether telework remains necessary or whether another effective accommodation may be appropriate.
Employers may also request updated medical documentation when needed to assess whether an accommodation continues to be justified.
Telework Is Not Required for General Workplace Discomfort
The EEOC guidance also emphasizes that the ADA does not guarantee employees a workplace free from all stress or discomfort.
To qualify for accommodation under the ADA, an employee must have a disability that substantially limits a major life activity and requires an accommodation to perform the essential functions of the job or to access workplace benefits and privileges. If an employee can perform the job on site with other reasonable workplace adjustments, telework may not be required.
In evaluating accommodation requests, employers may consider reliable information that bears on the employee’s limitations, but any inquiry should remain job-related and consistent with the interactive process.
Commute Challenges Alone Do Not Require Telework
The FAQs address commuting challenges. In most circumstances, employers are not responsible for addressing how employees travel to and from work.
Because commuting typically occurs outside the workplace, employers generally do not have a duty to modify the employee’s commute unless similar assistance is provided to employees without disabilities. However, employers may sometimes consider accommodations that indirectly assist with commuting, such as flexible scheduling.
In limited situations, temporary telework may be reasonable if it allows an employee time to arrange transportation or relocate.
Attendance Policies May Be Enforced When Telework Is Not Required
If an employer engages in the interactive process and determines that telework is not required as a reasonable accommodation, the employer may enforce its standard attendance policies.
If an employee refuses to return to work after a lawful denial of a telework request, employers may address the situation under their established attendance and disciplinary policies, provided the decision follows a properly documented accommodation process.
Practical Considerations for Employers
The EEOC’s recent FAQs reinforce the importance of a structured and well-documented approach to accommodation requests involving telework.
Employers should ensure that HR professionals and managers understand how to evaluate remote work requests through the interactive process, with careful attention to job duties, operational needs, and potential alternative accommodations.
As return-to-office policies continue to evolve, employers may wish to periodically review their accommodation procedures to confirm they remain consistent with ADA requirements and current EEOC guidance.
To discuss further, contact KJK Labor & Employment attorney Beth Spain (BRS@kjk.com).