When Disability Accommodations Stall: Your Rights Under the Rehab Act
federal employment mspb/eeo appeals reasonable accommodation rehabilitation act telework rights Dec 02, 2025For many federal employees, “Your accommodation is pending—come in or burn leave” has become an unwelcome refrain. With reporting that CDC has over 3,300 requests stuck in limbo as HHS centralizes its process, delays of six to eight months are no longer hypothetical—they're people’s daily reality. And under the Rehabilitation Act, those delays carry real legal consequences.
The law imposes an affirmative duty on agencies to respond to accommodation requests promptly, individually, and in good faith. EEOC guidance is explicit: an unreasonable delay can function as a denial, even when no formal denial letter exists. Most agency policies measure timelines in weeks. A months-long pause while an employee risks their health or drains their accrued leave is not an administrative inconvenience—it is often a legal violation.
Why Blanket Telework Bans Don’t Hold Up
Many employees are being told that “telework won’t be considered as an interim accommodation.” That kind of blanket rule cuts against the core requirement of an individualized assessment. Agencies may have political or cultural reasons for pushing return-to-office, but those pressures do not override federal disability law. The question is—and must remain—whether a particular adjustment, including telework, enables this employee to perform this job’s essential functions.
Restructuring, software transitions, or a centralized review backlog don’t pause your rights. Agencies cannot sidestep the statute by pointing to internal delays while employees absorb the consequences.
Why Timeliness Is a Legal Standard, Not a Courtesy
When mobility, immune risk, or access needs limit an employee’s ability to report to the office, time is not neutral. Each day of delay affects attendance records, leave balances, performance ratings, and sometimes safety. This is exactly why federal regulations treat timeliness as part of the substantive right to accommodation. A six-month backlog is not “processing time”; it’s exposure to harm.
Practical Steps You Can Take Today
Federal employees trapped in this “pending” limbo can begin protecting themselves immediately:
Document every interaction. Save emails, doctor’s notes, and records of every follow-up. If you are charged leave or threatened with AWOL or discipline while an accommodation is pending, that documentation becomes critical.
Follow up in writing. Hallway updates disappear. A written note stating, “I am following up on my accommodation request dated X; here is the impact of the delay,” creates a clear record of the agency’s response—or lack of one.
Consult EEO or a qualified federal employment attorney. While this article does not offer individualized legal advice, many employees experiencing these delays have viable claims under the Rehabilitation Act.
If you’re weighing your health against your job, you are the exact person Congress had in mind when it imposed these duties on federal agencies. You were never meant to make that choice alone. For deeper guidance, our firm’s Power Hub offers on-demand resources for federal employees navigating accommodation issues.
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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