Teleworking and Reasonable Accommodation During a Pandemic
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Understand the legal obligations you may have to provide remote work as an accommodation and what happens if work from home isn't reasonable.The world has shifted dramatically towards remote work in recent months, but it has long been requested as a reasonable accommodation for medical issues. This topic will address the legal obligations employers may have to provide remote work as an accommodation, how the analysis is impacted by the COVID-19 crisis, compliance considerations for remote workers, and what to do if remote work is not reasonable.
AuthorsTina M. Bengs, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Sarah Platt, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Charles L. Thompson IV, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
What Is the Analysis to Determine If You Are Required to and Can Allow Remote Work?
• Obligations Under the ADA
• State Law Considerations
• How Does COVID-19 Impact the Analysis?
What Are the Key Considerations If You Allow Remote Work?
• Wage and Hour
• Expense Reimbursement
• Workers' Compensation
What If Work From Home Is Not Reasonable?
• Alternative Accommodations
• FMLA Leave