After more than two years of Covid-19-mandated geographical diversity and nearly deserted office buildings, some companies have hung out the "Return to Work" sign. The move may have increased the number of cars in downtown parking lots, but its reception has been a little short of universal acceptance.
When the Business Journal conducted surveys for this week's Law Practices – Employment list, we included a few optional questions for the attorneys. One was, "As more and more workers are going back to the office, are you seeing more cases of companies with employees wanting exemptions from coming back? What's your advice for employers?"
Here are two detailed responses:
"We are indeed getting a number of calls from companies who are getting 'push-back' from employees who want to continue working remotely, who do not want to come back to in-office work. In almost all such cases, employers really have the upper hand from a legal perspective; that is, the situations in which an employee will be able to show that he or she has a legal entitlement to work remotely are going to be few and far between. If an employee's health care provider certifies that the worker truly has a 'disability‚' as that term is defined by the ADA, and the provider also goes on the record that working remotely is the only way to accommodate that condition, well, the company should stop and consider the request.
"The health care provider's certification does not mean that the company must concede the...
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