A telework policy and a reasonable accommodation are different questions.
An agency may change its general telework policy and still have a duty to consider an individual accommodation request.
The useful starting point is not “Does everyone get to telework?” It is whether an employee has a qualifying limitation, whether the requested arrangement would help address it, whether the essential functions of the position can be performed, and whether another effective accommodation is available.
That analysis should be individualized. A slogan, blanket policy, or assumption about what an office “normally” requires is not a substitute for understanding the actual job and the actual request.
Start with the essential functions—not the label on the work location.
Five questions that clarify the request.
- What limitation needs accommodation?
The request should connect the medical or disability-related limitation to a workplace barrier without disclosing more than is reasonably necessary.
- What are the position's essential functions?
Look beyond a generic position description to what the employee actually must do and how the agency has performed that work.
- Why would telework be effective?
Explain the practical connection between the arrangement and the limitation, including frequency, duration, and any equipment or schedule involved.
- What evidence shows the work can be performed?
Prior telework performance, evaluations, production records, and the actual division of duties may matter.
- What alternatives are being considered?
The interactive process can include other effective options. Ask the agency to explain what it proposes and why.
Build a clean, lawful record.
- Your written accommodation request and the date submitted
- The position description and an accurate list of actual duties
- Prior telework agreements and performance evidence
- Medical support tailored to the functional limitation
- Agency questions, responses, proposed alternatives, and reasons
- A dated chronology of interactive-process communications
- Any decision letter and the process for reconsideration or review
Preserve only information you may lawfully possess. Do not move, forward, download, or store classified, controlled, private, or agency-restricted material in violation of security, privacy, records, or IT rules.
Make the interactive process concrete.
If the agency says physical presence is essential, ask which function requires it, how often, and why. If the agency proposes an alternative, ask how that alternative addresses the limitation. If more medical information is requested, ask what functional question remains unanswered.
Those are not “gotcha” questions. They help both sides move from conclusion to analysis.
A clear record can also reveal where the real disagreement lies: whether a function is essential, whether telework is effective, whether another option works, or whether the agency believes the request creates an undue hardship.
Know when general guidance is not enough.
A denial, prolonged delay, request for intrusive information, proposed reassignment, performance action, or concern about discrimination or retaliation may require an individual legal assessment. The correct process and deadline can depend on the employee, agency, issue, and action.