Is there a law regarding the right to work from home? (2024)

FAQs

Can I refuse to go back to the office if I can work from home? ›

In most cases, employers can legally require employees who were not originally hired for remote work to return to the office. Subject to some exceptions, employers are not obligated to allow employees to work from home and do not have to retain an employee who refuses to return to the office.

Employers must treat remote workers like any in-office employee. That means they are subject to the same federal and state laws regarding wages, overtime, breaks, and paid time off.

At least ten states—California, Colorado, Maryland, Nevada, New Jersey, New York, Ohio, Rhode Island and Washington—have implemented restrictions that essentially limit out-of-state companies' ability to hire their residents for remote work.

For example, telework can be a reasonable accommodation to reduce the likelihood that individuals with autoimmune diseases are exposed to viruses, or controlling environmental issues such as temperature and lighting that may irritate certain health conditions.

For example, you could emphasize how working from home, and thus eliminating a commute, will translate into more working hours and energy to focus on the company's biggest projects. Think through your communication strategy and what is likely to move the needle with your manager (and your manager's manager).

Reasonable accommodations for anxiety can include remote work, a support animal, a rest area, a modified break schedule, a flexible schedule, and shifts in schedule. The type of anxiety you have, your limitations, and your employer's resources will determine what accommodation is appropriate.

Yes. Due to state laws that the employer is subject to, the employer can dictate where you're able to work.

Remote work (also called telecommuting, telework, work from home—or WFH as an initialism, hybrid work, and other terms) is the practice of working from one's home or another space rather than from an office.

State employment laws can require employers to cover at least part of the internet bill or other work-from-home expenses. California, for example, states in Labor Code 2802 that an employer "shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of ...

What happens if I work remotely and my company is in another state? ›

A worker may have tax obligations in any state where they reside and possibly the state where their employer's worksite is located. A permanent remote worker will file their personal income taxes in their state of residence, whether they are a W-2 employee or a 1099-NEC independent contractor.

Though a number of companies issued return-to-work mandates this year, most are allowing employees to work from home at least part of the week. That makes 2024 the year for employers to figure out the hybrid model.

I am writing to request permission to telework as a reasonable accommodation under the ADA. As you may know, I have a disability (you may list your disability here or wait for your employer to request documentation of your disability) and this accommodation would help me be successful at my job.

With your mental health professional, generate a list of things that could help you continue to do your job while maintaining (or recovering) your mental health. Then, ask your doctor, therapist, acupuncturist, or other provider to write a note for you. The note doesn't need to say your diagnosis.

I'm starting to come down with [X illness] and am going to take today to rest and keep it from getting to you all. I'll be available through email if you have any questions, and I'll respond when I'm online next. In case something is urgent, I've let [colleague/coworker name] know that they can handle your concerns.

According to Woods-McMillan, in most cases, employers can legally require employees to return to the office, especially if the job was not initially designated as a remote position.

Many return-to-office mandates are still being set at less than pre-pandemic work norms, though companies are becoming stricter with enforcement: IBM recently said managers must be back at least three days, regardless of where they are living, or leave the company.

Can an Employer Make Me Return to the Office? In short, yes. Generally, U.S. companies offer “at-will employment,” meaning that an employer can terminate you at any time, for any reason.

The bottom line is that an employer can tell an employee that they cannot come into work even if the person wants to work.