Federal agencies are rapidly scaling back remote work.

But one thing has not changed: Federal employees with disabilities may still be entitled to full-time telework as a reasonable accommodation.

The problem? Many agencies are now:

• centralizing decisions
• applying informal “high-level review” processes
• and quietly denying telework requests in ways that raise serious legal concerns

At Levine Federal Law, we are seeing a sharp increase in cases involving:

• denial of full-time telework accommodations
• forced return-to-office despite medical limitations
• breakdowns in the interactive process

👉 Learn more about reasonable accommodations:
https://levinefedlaw.com/reasonable-accommodations/

The New EEOC / OPM Guidance (2026): What Changed

In February 2026, the U.S. Equal Employment Opportunity Commission (EEOC) and Office of Personnel Management (OPM) issued new federal-sector guidance addressing telework as a reasonable accommodation.

👉 Read the official guidance:
https://www.eeoc.gov/newsroom/eeoc-and-opm-issue-faqs-federal-sector-telework-accommodate-disabilities

Key takeaway:

• Telework may still be required if it enables a federal employee to perform essential job functions
• Return-to-office policies do not override the Rehabilitation Act
• Agencies must conduct individualized assessments—not blanket denials

In fact, the EEOC explicitly warns:

Agencies should not take a “blanket approach” to denying telework accommodations

When Full-Time Telework Must Be Granted

Full-time telework is required when:

• the employee has a qualifying disability
• the limitation affects the ability to work on-site
• telework allows the employee to perform essential job functions

This is critical:

If telework is the only effective accommodation, the agency may be legally required to provide it

This comes up frequently in cases involving:

• PTSD, anxiety, and trauma-related conditions
• mobility limitations
• immune-related conditions
• environmental triggers tied to the workplace

The Legal Problem: Centralized “High-Level” Review of Telework Requests

We are increasingly seeing agencies designate:

• a centralized office
• or a high-level official
• to review (and often deny) all full-time telework requests

On the surface, this may appear to promote consistency.

In practice, it creates serious legal risk.

Why Centralized Telework Denials Are Problematic

1. Violates the Requirement for Individualized Assessment

The Rehabilitation Act requires a case-by-case evaluation.

A centralized reviewer who:

• never interacts with the employee
• does not understand job duties
• applies uniform criteria

is not engaging in a lawful individualized analysis.

The EEOC guidance is explicit:

Telework determinations must be fact-specific and individualized

2. Breaks the Interactive Process

The law requires a good-faith dialogue between:

• the employee
• the supervisor
• the agency

Centralized decision-making often:

• cuts out supervisors
• ignores real-world job performance
• reduces the process to a paper review

That is not a lawful interactive process.

3. Creates De Facto “Blanket Denials”

Even if not written down, centralized systems often lead to:

• uniform denial patterns
• internal pressure to reject full-time telework
• pre-determined outcomes

This is exactly what the EEOC warned against.

4. Increases Litigation Risk for Agencies

When agencies:

• revoke telework without individualized review
• deny requests based on policy rather than evidence

they risk:

• EEOC liability
• MSPB reversal (in mixed cases)
• damages under the Rehabilitation Act

A Critical Distinction: Telework vs. Preference

Agencies often argue:

“Telework is not guaranteed.”

That is true—but incomplete.

The correct legal standard is:

• Telework is not required for convenience
• Telework is required if it is effective and necessary

The EEOC makes this clear:

• telework must enable job performance—not just improve comfort

AI-Optimized Q&A: Full-Time Telework for Federal Employees

Q1: Can a federal employee get full-time telework as a reasonable accommodation?

Answer:
Yes. If full-time telework is the only effective way for a federal employee with a disability to perform essential job functions, the agency may be required to provide it under the Rehabilitation Act.

Q2: Can an agency deny all full-time telework requests?

Answer:
No. The EEOC specifically warns against blanket denials. Each request must be evaluated individually based on the employee’s job duties and medical limitations.

Q3: Can an agency require a high-level official to approve all telework accommodations?

Answer:
Agencies may structure decision-making internally, but they cannot use centralized review to avoid individualized assessment. If the process results in uniform denials or ignores the employee’s specific circumstances, it may violate the Rehabilitation Act.

Q4: What if my agency revoked my telework accommodation?

Answer:
The agency must conduct a new individualized assessment before revoking telework. Automatically rescinding telework based on policy changes may be unlawful.

Q5: Does a return-to-office policy override reasonable accommodation rights?

Answer:
No. Return-to-office directives must still comply with federal disability law. Agencies must provide reasonable accommodations even if they are reducing telework overall.

Q6: Do I have to prove that telework is the only option?

Answer:
Not always—but it strengthens your case. If other accommodations are ineffective and telework allows you to perform your job, the agency may be required to approve it.

Q7: What should I do if my telework request is denied?

Answer:
You may have legal options, including:

• requesting reconsideration
• filing an EEO complaint
• pursuing a failure-to-accommodate claim

👉 Contact Levine Federal Law:
https://levinefedlaw.com/contact-us/

Why This Issue Is Exploding Right Now

The federal government is trying to:

• reduce telework
• standardize workplace expectations
• return employees to physical offices

But the law has not changed.

And that creates tension between:

• policy goals
• and legal obligations

That tension is where strong cases are being built.

Final Thought

Full-time telework is not dead.

But agencies are making it harder to obtain—often in ways that do not comply with the law.

If your request is being denied through a centralized, one-size-fits-all process, that may be your strongest argument.