New OPM Telework Guidance Strengthens Religious and Medical Accommodation Rights

For federal employees navigating the return-to-office push, a quiet but powerful shift just occurred. Thanks to new guidance from the Office of Personnel Management (OPM) and a pivotal Supreme Court decision, telework is now a presumptive fix for many religious accommodation requests. That’s a game-changer—and it doesn’t stop there.

Telework Is Now the Default for Religious Accommodation

Yesterday’s OPM memo signals a significant cultural and legal shift. Agencies are now directed to treat telework as a low-cost, reasonable accommodation for religious needs. Whether you observe a weekly Sabbath, require privacy for daily prayer, or need scheduling flexibility during fasting periods, the default agency posture should be yes—unless they can prove significant operational hardship.

This shift stems from the 2023 Supreme Court ruling in Groff v. DeJoy, which replaced the old, agency-friendly “de minimis” standard with a higher bar: now, agencies must show a substantial burden to deny an otherwise reasonable request. Mere inconvenience doesn’t cut it.

How to Make Your Religious Request Stick

Put everything in writing. State your religious practice clearly and propose a concrete solution. Examples:

• “I observe Sabbath from sundown Friday to sundown Saturday and request telework Fridays after 3 p.m.”

• “I need two ten-minute prayer breaks daily and propose a staggered start time.”

Copy your supervisor and your EEO office, and keep a dated record of all communications. Agencies must now justify any denial with documented operational hardship—not preferences, not vague concerns.

Your Health Rights Count, Too

Religious accommodation isn’t the only protected ground. The Rehabilitation Act and Americans with Disabilities Act (ADA) still entitle you to medical accommodations for qualifying conditions. Long COVID, pregnancy-related complications, PTSD, autoimmune disorders—if it limits a major life activity, you may be eligible.

Know when to act: if your doctor notes that crowd exposure, office stress, or the commute worsens your condition, request an accommodation. Provide a short doctor’s note describing limitations (not your full medical file), and propose a fix: telework, flexible hours, ergonomic adjustments, or modified duties.

Again, denials require evidence-based hardship. “We want everyone in the office” is not a legal justification.

Know the Clock—and Your Options

If your request is denied or ignored, you have 45 days to contact your agency’s EEO counselor. For many, this is when involving an attorney makes a measurable difference—especially if retaliation or delay tactics enter the picture.

Our firm has helped countless federal employees secure both religious and medical accommodations—even after an initial “no.” For tailored help, you can request a confidential consultation through fedlegalhelp.com/firm.

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.