The Return To In-Person Work And The Issue Of Accommodation

Given the current state of COVID-19 pandemic restrictions, employers are increasingly asking their employees to perform work in person, rather than remotely. As employers navigate these discussions with employees who have worked remotely for an extended period of time, they face yet another set of novel pandemic-related legal questions. It is essential for employers to think critically about when and how they can impose requirements regarding in-person work.

The Return to In-Person Work

Unless an employer has told its employees otherwise, an employer generally retains the right to change, modify or discontinue remote work arrangements at any time based on legitimate operational needs. While some employees may like to believe that the pandemic created a universal and indefinite entitlement to remote work, most remote work arrangements constitute an alternative temporary practice in response to the pandemic.