Can You Get Telework as a Reasonable Accommodation?

Do you have a disability? If so, you may be wondering: Can I qualify for telework as a reasonable accommodation? The short answer is “it depends”—telework may absolutely be offered as a reasonable disability accommodation, but it is not guaranteed in any specific case. In this article, you will find a guide to key points to know about your ability to seek telework as a reasonable accommodation in Florida.

Your Employer Must Be Covered By the ADA (15 or More Employees) 

Not all employers in Florida are required by law to offer reasonable accommodations to disabled job applicants/workers. To be eligible for telework as a reasonable accommodation under the Americans With Disabilities Act (ADA), your employer must be covered by the ADA. There is no Florida law nor federal law requiring companies with 14 or fewer employees to offer a reasonable accommodation for disabled job applicants.

You Must Have a Medically Determinable Disability 

For telework to be considered a reasonable accommodation, you must have a disability that is medically determinable and documented. Your disability must substantially limit one or more major life activities, as defined under the ADA. The determination of what constitutes a disability is highly case-specific. If you have questions, a Florida employment law attorney can help.

 You Must Prove that You Can Perform Your Job Through Telework Without Undue Hardship 

To qualify for telework as a reasonable accommodation, you must demonstrate that you can perform all essential functions of your job remotely, without causing undue hardship to your employer. Undue hardship refers to significant difficulty or expense in providing an accommodation based on factors like the employer’s size, financial resources, and the nature of the operation. As a simple example, a bus driver obviously could not obtain telework as a reasonable accommodation. On the other hand, an employee whose job is primarily done by computer or over the phone may be able to get telework as a reasonable accommodation for their disability.

 Employer Can Still Attempt to Offer Alternative Accommodation that Satisfies Requirements 

Even if you prove that your employer is covered by the ADA, that you have a disability, and that telework would not impose an undue hardship on your employer, you are still not guaranteed to receive it as a reasonable accommodation. Your employer has the right to offer an alternative accommodation as long as it effectively meets your needs under the ADA. Employers are encouraged to engage in an interactive process to find a solution that best accommodates the employee without imposing an undue hardship. For example, if an employer can effectively accommodate your disability by offering additional short-notice leave, that may be appropriate as an alternative reasonable  accommodation instead of telework.

 Get Help From a Reasonable Accommodation Attorney in Florida 

Reasonable accommodation cases are complicated. Telework for a disability may certainly be offered as a reasonable accommodation in some circumstances—but it is not guaranteed in any given case. If you have any specific questions, a Florida employment lawyer can help.