HHS’s New Telework Limits vs. the Rehabilitation Act

CDC and HHS employees have been forwarding the new telework FAQ with a kind of stunned disbelief—and for good reason. The document attempts to cap all telework at 80 hours per year and declares that medical telework, long-term telework, and reasonable-accommodation (RA) telework are “paused until further notice.” For federal employees who rely on telework to work safely and effectively, the anxiety is real.

Here’s the grounding principle: An internal FAQ cannot cancel the Rehabilitation Act. Agencies must meaningfully consider telework when it enables an employee with a disability to perform the essential duties of the job. No agency can “pause” civil rights law.

What the Rehabilitation Act Actually Requires

The law is straightforward: if a disability limits a major life activity and telework would allow an employee to meet the core functions of the role, the agency must engage in the interactive process and consider it.
It doesn’t matter that the FAQ sets an 80-hour limit.
It doesn’t matter that “medical telework is no longer an option” appears in bold.
And it certainly doesn’t matter that “until further notice” has become a catch-all explanation.

When an agency denies an accommodation because “policy won’t allow it,” that’s not analysis—it’s a legal misstep.

How These Policies Show Up in Real Workplaces

Across CDC and HHS, several patterns are emerging:

1. Immunocompromised employees told RA telework is no longer available.
If an employee can perform analytical, writing, or modeling work remotely and a physician recommends avoiding densely populated offices, a categorical denial is unlikely to hold up legally.

2. Previously approved telework accommodations being cut off at renewal.
Eliminating an existing, effective accommodation because “the option has been removed from policy” is like ignoring the fire code because it’s inconvenient. The underlying law still governs.

3. Employees in hands-on lab roles receiving blanket denials.
Some work truly requires an in-person presence, and the Rehabilitation Act recognizes that. But agencies still must evaluate the specifics—not default to “no.”

The Most Important Step You Can Take Now

If you are affected, make a clear, written request for a reasonable accommodation:

• Submit it through the Accommodation Tracking System.

• Notify your supervisor.

• Describe your medical limitations and how telework—or hybrid work—enables you to perform your essential duties.

• Keep every message referencing the policy as the reason for denial.

• Save any instruction to “just take leave” instead of receiving an accommodation.

If CDC or HHS denies the request solely because of this telework policy, potential remedies may include restored telework, restored leave, back pay, and compensatory damages up to $300,000.

When to Seek Outside Help

These issues are precisely where legal guidance matters. Southworth PC represents federal employees nationwide and regularly handles Rehabilitation Act cases. 

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.