As companies implement return-to-office (RTO) mandates, employees with long COVID may face unique challenges in adapting to in-person work. While employers may argue that in-office collaboration improves productivity, workers with chronic health conditions may struggle with commuting, exposure risks, and the demands of in-person work. Understanding your rights can help you navigate these policies effectively.
Can Employers Legally Require In-Office Work?
In the U.S., most employees work under at-will employment, meaning employers can change job conditions, including requiring in-office work, unless a contract states otherwise. However, employees with disabilities, including those with long COVID, may have legal protections under the Americans with Disabilities Act (ADA).
Requesting Workplace Accommodations for Long COVID
If returning to the office worsens your long COVID symptoms, you may be eligible for reasonable accommodations, such as:
- Remote or hybrid work options to reduce exposure risks.
- Flexible schedules to manage fatigue and cognitive challenges.
- Modified workspaces with improved air filtration and ergonomic adjustments.
- Additional breaks to help manage symptoms throughout the day.
Employers must engage in an interactive process to determine reasonable accommodations. Employers are required to provide the requested accommodation to a qualified person with a disability unless they can demonstrate that it would pose an undue hardship on the organization.
Steps to Take If Your Employer Denies Accommodations
If your employer refuses to discuss accommodations or forces you back into the office despite medical concerns, consider the following actions:
- Submit a Formal Request in Writing – Clearly outline your symptoms and the accommodations you need.
- Consult Human Resources – Escalate your request if your direct supervisor is unresponsive.
- Gather Documentation – Keep records of your requests, employer responses, and medical documentation.
- Know Your Legal Options – If your employer violates disability protections, you may have grounds for a claim of disability discrimination against your employer.
How Pandemic Legal Can Help
If you’re facing challenges with return-to-office mandates due to long COVID, Pandemic Legal can help. Our team specializes in advocating for employees’ rights, ensuring you receive the protections and accommodations you deserve. Contact Pandemic Legal today for expert guidance on workplace protections and legal options.