Telework Accommodations Still Apply Under RTO Memos
Federal employees are being told a familiar story: “Leadership says return-to-office, so telework accommodations are over.” That framing is legally risky—and often a sign the agency is skipping the step that wins or loses these cases: an individualized reasonable-accommodation analysis.
The key sentence to remember comes straight from the telework memo itself: agencies must implement return-to-office policies consistent with applicable law. That phrase matters because “applicable law” includes the federal government’s disability accommodation obligations under the Rehabilitation Act (and the ADA standards it incorporates). A policy memo does not erase those duties.
“Return-to-Office” Doesn’t Replace the Interactive Process
When an employee requests telework as a reasonable accommodation, the agency still has to engage in the interactive process. That means looking at:
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the medical limitation,
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the workplace barrier created by that limitation, and
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the essential functions of the position.
If leadership announces “everyone back,” the agency can still evaluate how that policy interacts with an individual’s limitations. Blanket statements are not the same as a lawful accommodation decision.
What a Lawful Denial Must Actually Show
Telework can be a reasonable accommodation when it enables performance of essential functions. If the agency denies telework, it should be able to explain—preferably in writing—one of two things:
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Effective alternative selected: the agency is choosing a different accommodation and can explain why it addresses the employee’s limitations effectively (not just why it is easier operationally).
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Undue hardship claimed: the agency asserts undue hardship and provides a specific factual basis—not a generic preference for in-person work.
Statements like “we need you in the office” or “new policy” are usually not an individualized legal analysis. They are often the start of a paper trail that later gets used to justify delay, denial, or discipline.
The Email Line That Forces the Agency to Show Its Work
When an agency points to the memo as a reason it “can’t” approve telework, the practical next step is to politely require details. This single sentence is designed to do that:
“Please provide the individualized analysis supporting this decision, identify the effective alternative accommodation the agency is selecting, and confirm whether the agency is asserting undue hardship—and if so, the specific factual basis.”
That request does two important things: it focuses the record on individualized facts (not slogans), and it prompts the agency to commit—clearly—to the legal theory it is relying on.
Staying Grounded While You Build the Record
Accommodation fights can trigger real stress because the stakes feel immediate: health, pay, job security, reputation. A mindful approach is not passive—it is strategic. Slow the process down by insisting on specifics, keeping communications professional, and documenting each step.
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.