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Telework Accommodation Rights for Federal Employees

eeoc guidance federal employment reasonable accommodation rehabilitation act telework accommodation Feb 18, 2026

Federal employees are increasingly hearing a troubling message: “Telework accommodations are basically over.” That statement may reflect agency frustration or shifting workplace culture—but it is not an accurate statement of the law.

Under the Rehabilitation Act, telework can still qualify as a reasonable accommodation when it enables an employee with a disability to perform the essential functions of the position. Recent EEOC and OPM guidance does not eliminate that obligation. The risk is not that the law has disappeared. The risk is that employees will be pushed into procedural traps that undermine otherwise valid claims.

The Real Risk: A Messy Record

Most telework accommodation cases are not lost because the employee’s medical condition is insignificant. They are lost because the paper trail is incomplete.

An employee mentions a medical limitation but never clearly frames it as a request. The agency delays the interactive process. Or telework is replaced with an alternative accommodation that looks cooperative on paper but fails in practice. When the employee cannot safely report onsite, the agency codes the absence as AWOL.

That sequence—unclear request, prolonged delay, ineffective substitute, discipline—is the trap.

The immediate takeaway: create a clean record. A reasonable accommodation request does not require “magic words,” but it must clearly connect the medical limitation to a workplace barrier and request a specific adjustment. Follow up in writing. Confirm conversations. Document timelines.

How the Interactive Process Is Supposed to Work

The law requires an individualized assessment. Blanket statements such as “we require face-to-face supervision” or “there isn’t enough work to do at home” are not substitutes for analysis. Agencies must evaluate essential functions, consider whether those duties can be performed remotely, and assess undue hardship based on actual evidence—not assumptions.

EEOC precedent has faulted agencies for refusing to test telework through a trial period when feasibility is disputed. It has also found violations where agencies delayed implementation despite clear medical need.

If telework previously worked—during pandemic operations or under a prior agreement—that history matters. Past success is powerful evidence that the accommodation is effective.

Responding to Common Pushback

When agencies say, “Telework isn’t necessary,” the question becomes: necessary for what? The standard is whether the accommodation enables performance of essential functions and equal access to employment—not whether management prefers in-person oversight.

When told to “just take leave,” remember: leave is not a substitute for a reasonable accommodation if continued work with accommodation is possible.

And if telework is reduced or rescinded, request the justification in writing. Ask what essential function allegedly cannot be performed remotely. Ask what changed.

Calm, evidence-based responses protect both health and career.

Protect Yourself Before the Denial Letter

Telework accommodation disputes are increasingly technical. Employees who approach them methodically—clear request, documented interactive process, evidence of effectiveness—are in a stronger position whether the matter stays internal or proceeds to EEO review.

For federal employees navigating this issue, deeper step-by-step guidance is available through the firm’s telework accommodation resources and educational materials.

Legal rights do not disappear because policy preferences shift. The key is approaching the process strategically, documenting carefully, and resisting pressure to accept shortcuts that may later be used as grounds for discipline.

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.

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