Key Considerations In Responding To Employee Requests To Work From Home

During the pandemic, many employers and employees have demonstrated exceptional adaptability in shifting their place of work from the office to the home. As COVID-19 case numbers decline and a return to office begins, however, some employees may wish to continue working from home. Employers should keep certain key considerations in mind.

1. Employers are not obligated to accommodate an employee's desire to work from home if it is merely a preference. If an employee's request to work from home is based on a human rights entitlement, the employer may have an obligation to accommodate the employee – for example, on the basis of their disability or family status.
2. If an employee requests a human rights-based work accommodation, the employer may ask for reasonable proof of entitlement to the accommodation. Employees requesting accommodation have an obligation to co-operate in the accommodation process, including providing information to assist the employer