HR Question of the Month: Working From Home

Posted on:

September 3, 2024

Question

During the slower summer months, we allow our employees to work from home as a type of perk. To be eligible to work from home, an employee must have been employed at the company for at least one year. We have a new employee who has requested to work from home as an accommodation due to a disability. Do we have to allow her to work from home? She has been employed with us for less than one year and thus does not qualify under our policy.

Answer

The federal Americans with Disabilities Act’s (ADA) reasonable accommodation obligation, which includes modifying workplace policies, might require an employer to waive certain eligibility requirements or otherwise modify its telework program for someone with a disability who needs to work at home. For example, an employer may generally require that employees work at least one year before they are eligible to participate in a telework program. If a new employee needs to work at home because of a disability, and the job can be performed at home, then an employer may have to waive its one-year rule for this individual.

However, an employer may make accommodations that enable an employee to work full-time in the workplace rather than granting a request to work at home. An employer may select any effective accommodation, even if it is not the one preferred by an employee. Some reasonable accommodations may permit an employee to remain in the workplace. For example, an employee with a disability who needs to use paratransit asks to work at home because the paratransit schedule does not permit them to arrive before 10 a.m., two hours after the regular starting time. An employer may allow the employee to begin their eight-hour shift at 10:00 a.m. rather than granting the request to work at home if this would work with the paratransit schedule.

That said, an employer should always consider how its actions may be perceived by its employees. For example, if an employer denies a request to work from home from a disabled employee but allows other employees to do so, the employer may be subject to claims of unfair treatment and discrimination. Employee morale and productivity may also suffer. Employers should keep such considerations in mind when deciding how to proceed.

Federated Insurance is an ACCA Platinum Partner. For more information about our Corporate Partner program, visit here or email ACCA’s Strategic Partnerships Manager Kenzi Vizzari at kenzi.vizzari@acca.org.

This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate any or all risk of loss. This is not provided as a substitute for any OSHA or other regulatory standards that may apply. The information herein may be subject to, and is not a substitute for any laws of regulations that may apply. This information is accurate as of its publication date and is subject to change. Some of the services referenced herein may be provided by third parties wholly independent of Federated. Federated provides access to these services with the understanding that neither Federated not its employees provide legal or expert advice. All products and services not available in all states. Qualified counsel should be sought with questions specific to your circumstances and applicable laws.

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Federated Insurance

Through valued business insurance products and proven risk management strategies, Federated Insurance offers peace of mind to contractors nationwide. Federated Insurance has been an ACCA Corporate Partner since 2009. ACCA’s recommendation of Federated helps ensure that association members receive personalized service, coverages tailored to their individual business needs, and assistance with their risk management efforts.

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