Labor Department to Recertify Every Approved Accommodation Each Year: What Employees Should Know
Your agency approved your reasonable accommodation. Can it make you prove you still need it every year? At the Department of Labor, the answer is now yes, and the process starts next month.
What the Department of Labor Announced
The Department of Labor is launching annual recertification of every approved reasonable accommodation, covering disability-related and pregnancy-related accommodations alike. Employees may be asked for updated medical documentation.
Three details stand out. First, the review starts in November, while the written rules are still to come later this fiscal year. Second, the oldest accommodations go first, meaning anything approved before October 2025. Third, this is happening at a department that already has a backlog of hundreds of accommodation requests, is turning to AI to triage them, and this summer improperly shared more than 3,000 employees’ medical information to a personal email account.
What the Law and EEOC Guidance Allow
An agency can check whether an accommodation is still working. But EEOC guidance says an agency cannot demand new medical documentation when it already has enough. Requiring everyone to resubmit every year is not an individualized assessment.
An agency may also swap in a different accommodation that works. An “adjustment” that leaves you without an effective accommodation, however, is not an adjustment. It is a denial.
What to Do If You Are Affected
You are not overreacting, and nothing changes until the agency notifies you individually. In the meantime:
- Pull your approval letter and a copy of what you originally submitted.
- When a recertification request arrives, respond in writing and ask what criteria the agency is applying.
- If nothing about your condition or needs has changed, say so, and point to the documentation the agency already has.
- If your accommodation is telework, make sure the paperwork explains why in-office alternatives will not work.
- If the agency changes or removes your accommodation, you have 45 days to contact an EEO counselor.
The Bottom Line
Employees at the Department of Labor should watch for individual notices and keep their records organized. Employees at other agencies should watch whether their own agencies follow suit. Every case turns on its own facts, so if you receive a recertification request that does not look right, consult a qualified attorney before you respond.
Questions about your accommodation rights? The team at Southworth PC represents federal employees nationwide and worldwide.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.