Telework, Return-to-Office Orders, and Reasonable Accommodation: A Virginia Federal Employee Attorney on Your Rights Under the Rehabilitation Act

Since federal agencies began ordering employees back to the office in 2025, many workers in Northern Virginia have had to ask a hard question: what happens when a medical condition is the reason telework worked? Chronic illness, a compromised immune system, mobility limits, or a mental health condition can make a daily commute down I-95 or I-66 and a full day in an open office much harder to manage. As a Virginia federal employee attorney, we hear from employees who were told their telework simply ended, with no discussion of their disability. The Rehabilitation Act still applies, and it can require more than that.

Does a return-to-office order cancel my right to an accommodation?

No. A return-to-office policy changes the default work arrangement, but it does not override federal disability law. The January 20, 2025 presidential memorandum directing agencies back to full-time in-person work allowed exemptions for disability and other qualifying reasons, and agencies remain bound by Section 501 of the Rehabilitation Act of 1973.

Section 501 requires federal agencies to provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. Under EEOC regulations at 29 C.F.R. § 1614.203, federal agencies are held to the same standards the Americans with Disabilities Act applies to private employers. A general office policy does not excuse an agency from evaluating your individual request.

Can telework be a reasonable accommodation?

Yes. The EEOC has long recognized that working from home, full time or part time, can be a reasonable accommodation when a disability makes on-site work difficult and the essential functions of the job can be done remotely.

The key question is whether your essential functions require physical presence. Handling classified material in a SCIF or providing hands-on patient care at a VA medical center usually does. Analysis, writing, policy work, and most program management often do not. If you performed your job successfully while teleworking, sometimes for years, that history is strong evidence the work can be done remotely. An agency that claims otherwise should be able to explain what changed.

How do I request telework as an accommodation?

Tell your supervisor or your agency’s reasonable accommodation office that you need a change at work because of a medical condition. You do not need to use special words or cite the Rehabilitation Act, though putting the request in writing gives you a dated record.

That request starts the interactive process, an informal back-and-forth in which you and the agency identify your limitations and possible accommodations. Every agency must have written accommodation procedures with set processing timelines, and the EEOC treats unnecessary delay as a potential violation in itself.

What medical information can the agency ask for?

When your disability or need is not obvious, the agency may ask for documentation showing that you have a disability and explaining how it limits you and why the accommodation is needed. It cannot demand your complete medical file. A focused letter from your provider describing your functional limitations, rather than a bare diagnosis, usually answers the agency’s questions. Medical information must be kept confidential and separate from your personnel file.

Does the agency have to give me the exact accommodation I asked for?

Not necessarily. The agency must provide an effective accommodation, but when more than one would work, it may choose among them.

An agency might offer a private office, a modified schedule to avoid rush hour, a reserved parking space, or two telework days instead of five. If the alternative actually addresses your limitations, the agency has likely met its obligation. If it does not, say so in writing and explain why, ideally with support from your provider. An offer that ignores the limitation you described is not an effective accommodation.

What if I need telework to care for a family member with a disability?

The Rehabilitation Act does not require an accommodation for a relative’s disability. It does prohibit treating you worse because of your association with someone who has a disability. Caregivers may have other options, including leave under the Family and Medical Leave Act, the federal leave transfer program, or agency-specific exemptions.

What can I do if my request is denied, ignored, or delayed?

Contact an EEO counselor at your agency within 45 days of the denial. If the agency has not responded at all, the clock can be harder to pin down, so do not wait for a formal answer before seeking advice.

Many agencies also offer an internal reconsideration step for accommodation denials. Using it generally does not pause the 45-day EEO deadline, so employees often pursue both at once. Requesting an accommodation is protected activity, which means discipline, a poor rating, or a sudden change in duties shortly after your request may support a separate retaliation claim.

How can a Virginia federal employee attorney help with an accommodation request?

An attorney can help you frame the request around functional limitations, prepare your provider’s letter so it answers what the agency needs, and respond when an agency offers an alternative that does not fit. If the request is denied, counsel can file the EEO complaint on time and build the record, including your past telework performance ratings, which often become the strongest evidence that remote work is feasible.

Protecting your health and your job at the same time

Return-to-office orders changed where most federal employees work, but they did not change what the Rehabilitation Act requires. If a disability makes in-person work difficult, you can ask for telework or another accommodation, and your agency has to take that request seriously, engage with you, and decide within a reasonable time. The Mundaca Law Firm represents federal employees across Virginia in accommodation disputes and EEO complaints from our Tysons office. If your request has been denied or is sitting unanswered, speak with a Virginia federal employee attorney and schedule a confidential consultation before the 45-day window closes.