What To Do If A Work-From-Home Employee Doesn't Want To Return To The Office
With stay-at-home orders being lifted in several states and with many employers preparing for what's next, one of the questions I'm hearing from both employees and employers is "what if the employee doesn't want to return to the office after working from home?"
Here are best practices for working through this complex situation.
First, Find Out Why the Employee Doesn't Want to Return
If it's due to a medical condition: If the employee doesn't want to return to the office due to a personal medical condition that makes them vulnerable to COVID-19, the employer may need to consider working from home a reasonable accommodation under the Americans with Disabilities Act (ADA). The ADA applies to employers with 15+ employees and requires employers to provide reasonable accommodation for employees with mental or physical impairment(s) that substantially limits one or more major life activity. This is a broad definition and covers many medical conditions. If the employee is covered under the ADA and is effectively performing the essential functions of their job while working from home, then the employer will likely need to continue allowing them to work from home as a medical accommodation. Employers can ask for medical certification to support an employee request for a reasonable accommodation.
Keep in mind that under the Families First Coronavirus Act: "An employee is entitled to take leave related to COVID-19 if the employee is unable to work, including unable to telework, because the employee has been advised by a health care provider to self-quarantine related to COVID-19." It's possible that if an employer does not accomodate working from home, the employee may opt to take a leave of absence.
If it's due to a general safety concern, not related to a medical condition: If the employee doesn't have a medical condition, but doesn't feel safe coming back to work, then it's important to ensure the employee is aware of the safety protocols the employer has put into place to ensure their overall safety. Employees are more likely to feel secure to return to work if the employer has a strong safety policy, and an effective onboarding and communication strategy. In case you missed it, here is a link to my last newsletter with the Best Practices for Returning Furloughed Employees to Work.
Is it Possible to Meet the Employee Halfway?
If the employe wants to WFH out of personal preference: If the employee wants to continue working from home out of personal preference, is it possible to allow them to continue to work from home all or at least some of the time? Although working from home doesn't always make sense due to job duties, performance, organizational need, etc., sometimes it does make sense. Especially if an employee is meeting or exceeding performance expecations while working from home. It's important you have a policy for reviewing non-medical work-from-home requests. Your policy could include:
Sample Policy Verbiage: “The Company will review the viability of a telecommuting arrangement based on the suitability of the job and the employee, and the needs of the organization and work group. Since circumstances related to job duties, performance, or other business needs may change, remote work is not a guaranteed benefit for any employee. The remote working relationship may be evaluated and discontinued at any time.”
Identifying the factors you will use to evaluate remote working arrangements will help to establish parameters for when you will/will not permit working from home.
In addition to allowing for work-from-home at least some of the time, another way to meet the employee halfway is to continue to try the work-from-home arrangement on an extended temporary basis, perhaps with a re-evaluation date of 30 to 60 days out.
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