I am 63, have serious chronic conditions and have been working from home. Do I have to return to the office when it reopens?
1 attorney answer
Your employer may be willing to let you work from home. As a managing partner addressing how to return my employees safely, it is no easy task. I try to be guided by my employees concerns as best I can. If your employer seems insistent on your returning to work in the office, you can request that you continue to work at home as a reasonable accommodation under the Americans with Disabilities Act if a doctor will indicate that is medically appropriate given your risk factors. Your employer can only deny a well documented request for reasonable accommodation if it will cause and "undue hardship." In addition to obtaining a letter from your doctor recommending you work from home, I recommend you consult with an employment lawyer who represents employees to help you formulate your request.
This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.