FAQs on Telework Accommodations for Disabilities in the Federal Government

This memorandum regarding telework as an accommodation for workers with disabilities was issued by the Office of Personnel Management (OPM) and jointly signed by OPM's Director and the Chair of the Equal Employment Opportunities Commission (EEOC). The document and its attachment provided guidance to agencies on how to handle existing telework accommodations for disabled employees, given the administration's return-to-work mandate. Per the guidance, agencies may review and reassess prior approvals of telework as an accommodation for disabilities. Agencies may request updated medical documentation, ask about alternative accommodations that might allow in-office work, and consider contradictory evidence when evaluating whether an accommodation remains warranted. Specifically, OPM advised that agencies can consider whether an employee's "public social media shows them routinely engaging in strenuous physical activity outside of work." With regard to situational telework, the guidance provided that sick leave (instead of telework) should be used, for example, for a flare-up of an underlying medical condition. This guidance for employees with disabilities contrasts with OPM's direction to agencies to adopt a generous attitude toward requests for telework as a religious accommodation.