You have questions about remote work? We have answers!

Q           Can remote-work policies from the COVID pandemic be used against a company trying to bring employees back into the office?

In certain circumstances, yes. Recently, courts have allowed juries to decide if on-site work is essential when the employer couldn’t definitively demonstrate on-site work was required or when a previous policy allowed substantial remote work.

Q           What if the medical documentation provided by an employee appears untrustworthy?

If the employee hasn’t produced reliable medical documentation, then the employer may require the employee to submit to an independent medical examination (IME) to ascertain the alleged disability and reasonable accommodations, provided the examination is job-related and consistent with business necessity. Physicians who regularly conduct IMEs often provide concrete accommodations recommendations, which may present reasonable alternatives to remote work. The decision to ask for an IME shouldn’t be made lightly. Any decision to terminate or discipline an employee who refuses to submit an IME should be backed up with a valid reason for requiring the IME in the first place.

Q           What can the company do if an employee refuses to take part in the interactive process?