Tips for Employers on Tackling Post-Virus Telework Requests
The Equal Employment Opportunity Commission (EEOC) has stated that businesses that implemented telework due to the COVID-19 pandemic are not required to approve all telework request going forward, however, legal experts recommend that employers handle such petitions from disabled workers with caution.
Below are some tips for assessing telework requests that come in after the COVID-19 pandemic settles down.
Document the Telework Experience – It is recommended that employers document the impact of telework on the business. Recording any shortfalls that occurred as a result of telework may help the company argue in the future that remote arrangements are not feasible for certain positions or situations.
Review Telework Arrangements – Employers should evaluate the pros and cons of their current telework arrangements and modify them as necessary to ensure that employees remain focused and productive
Evaluate Whether In-Person Attendance is “Essential” – According to the EEOC, if employees are not performing their job’s essential functions in order to remain safe at home during the pandemic, their request for continued telework "does not have to be granted if it requires continuing to excuse the employee from performing an essential function” once the office reopens. However, employers are responsible for clearly outlining to employees what their job expectations will be in the future and if it will require their physical attendance.
Stay Away from “One Size Fits All” Telework Policies – The ADA mandates companies make personalized decisions, therefore, employers should conduct individual and fact-specific assessments through an interactive process.
Consider Other Solutions – There are other ways to accommodate disabled employees outside of telework. Employers should ensure they have the necessary information (aside from a doctor’s note) from the employee’s healthcare professional in order to provide the best accommodation.
Law360