The Department of Health and Human Services is setting new restrictions on telework as a reasonable accommodation for employees with disabilities.

A new, departmentwide reasonable accommodation policy shared with employees this week states that all requests for telework, remote work, or reassignment must be reviewed and approved by an assistant secretary or a higher-level official — a decision that is likely to slow the approval process.

The new policy, as Federal News Network reported on Monday, generally restricts employees from using telework as an “interim accommodation,” while the agency processes their reasonable accommodation request.

“Telework is not appropriate for an interim accommodation, unless approved at the assistant secretary level or above,” the new policy states.

The updated reasonable accommodation policy, signed on Sept. 15 by HHS Chief Human Capital Officer and Deputy Assistant Secretary Thomas Nagy, Jr., replaces a more than decade-old policy, and applies to all HHS component agencies.

“This policy is effective immediately and must be followed by HHS component in accordance with applicable laws, regulations, and departmental policy,” the policy states.

It’s not clear how long it will take HHS to review each individual reasonable accommodation request. But HHS, which now handles all reasonable accommodation requests from its component agencies, faces a backlog of more than 3,000 cases — which it expects will take six to eight months to complete.

The new policy allows frontline supervisors to grant “simple, obvious requests” without consulting with an HHS reasonable accommodation coordinator, but prohibits them from granting telework or remote work.

“Telework and reassignment are not simple, obvious requests,” the policy states.

The policy also directs HHS to collect data on the “number of requests that involve telework or remote work, in whole or in part.”

A memo from the Centers for Disease Control and Prevention states that “all telework related to RAs will be repealed,” and that CDC leadership will no longer be allowed to approve telework as an interim accommodation.

“Staff currently on an agreement will need to report back to the worksite,” the memo states.

The CDC memo states employees can still request telework as a reasonable accommodation, but “until they are reviewed and approved by HHS they must report to the worksite.”

It also states that employees can request what was previously known as “medical telework,” which can be approved by the CDC chief operating officer for around six months in length.

According to the memo, CDC can temporarily grant medical telework to employees who are dealing with recovering from chemotherapy, hip replacement surgery or pregnancy complications.

If HHS rejects a reasonable accommodation, the CDC memo states an employee can challenge the decision before an appeal board. The CDC, however, expects that appeal will “also take months to process,” and that employees must continue to work from the office while the appeal is pending.

“We know this is going to be tough, especially on front-line supervisors,” the CDC memo states.

HHS Press Secretary Emily Hilliard said in a statement that the new reasonable accommodation policy “establishes department-wide procedures to ensure consistency with federal law.”

“Interim accommodations may be provided while cases move through the reasonable-accommodation process toward a final determination. The department remains committed to processing these requests as quickly as possible,” Hilliard said.

Jodi Hershey, a former FEMA reasonable accommodation specialist and the founder of EASE, LLC, a firm that helps employers and employees navigate workplace accessibility issues, said the new policy suggests HHS is “playing fast and loose with the Rehabilitation Act, and what’s required of them” under the legislation.

“This is the most inefficient way to handle reasonable accommodations possible. By centralizing reasonable accommodation-deciding officials, you’re removing the decision from the person who knows the most about the job. The immediate supervisor or manager knows what the job is, how the job is normally performed. They know the employee. When you remove that level of familiarity from the process, and you move it up the chain … that person has no idea what the job even is. They don’t know the person that they’re dealing with. They don’t know the office. They don’t know the particulars at all,” Hershey said.

In a message obtained by Federal News Network, Cheryl Prigodich, principal deputy director for the CDC’s Office of Safety, Security and Asset Management, told an HHS employee that because their one-year reasonable accommodation had expired, they needed to submit a new request for approval.

“The timeframe for approval on your request is not known at this time. In the interim, however, we are not allowed to approve telework as an interim accommodation for a reasonable accommodation,” Prigodich said.

Prigodich told the employee that, according to HHS, employees must either use annual leave, 80 hours of annual ad hoc telework available to each HHS employee, take leave under the Family and Medical Leave Act or report to the workplace “with the possibility of another acceptable accommodation (work tour, physical modifications to the workplace, etc).”

Prigodich directed the employee to submit their request to renew their reasonable accommodation request to the HHS assistant secretary for administration, but recommended that they “efficiently summarize your concern and request (with appropriate documentation) into no greater than a single-page memo.”

“The ASA will not want to comb through previous emails or too many attachments,” Prigodich said.

The one-page request, she added, should include “why no other alternative accommodation will work,” documentation of the disability, and records showing the previously approved reasonable accommodation.

“I know this is frustrating. We are certainly frustrated too — and this represents a significant policy change for a great number of people who rely on this type of accommodation for their personal health and needs,” Prigodich said.

The post CDC tells staff telework reasonable accommodations ‘will be repealed,’ as HHS sets stricter rules first appeared on Federal News Network.

© Federal News Network

The Department of Health and Human Services faces a months-long backlog of reasonable accommodation requests from its employees, as the department embarks on major changes to how it handles these requests.

HHS is preparing to roll out a new reasonable accommodation policy later this week. Several HHS components, however, recently set their own new policies, which more broadly cover telework and how often employees may work from home.

The new policy comes at a time when the Trump administration has called on the federal workforce to show up to the office full-time, and has rolled back options for some employees to work from home full-time or occasionally each two-week pay period.

Federal agencies are required under the Rehabilitation Act to provide reasonable accommodations to qualified employees with disabilities, as long as that accommodation does not result in an “undue hardship” for agencies.

The Centers for Disease Control and Prevention told employees in a memo last week that its Accommodation Tracking System (ATS) was shutting down, and that, effective immediately, reasonable accommodations will be “centralized at the HHS level.”

According to the memo obtained by Federal News Network, HHS will need to work through a backlog of about 3,330 of CDC’s pending reasonable accommodation requests.

It’s not clear how long it will take HHS to review each individual reasonable accommodation request, but according to the CDC memo, HHS expects it will take six to eight months to get through the backlog.

It’s not clear if other HHS components are also facing a backlog of reasonable accommodation requests.

The CDC memo states that its Office of Human Resources announced telework “should not be given as an interim accommodation,” while a reasonable accommodation request is under review.

“If the employee requests telework, the employee must still report into the office until a decision is made (or use leave),” the CDC memo states.

HHS Press Secretary Emily Hilliard told Federal News Network in a statement Monday that “HHS is centralizing reasonable accommodation requests in alignment with President Trump’s executive order on return to work.”

“The department remains committed to processing these requests as quickly as possible,” Hilliard said.

The CDC memo also states HHS is expected to release an updated reasonable accommodation policy later this week.

Several CDC employees told Federal News Network that the agency has recently unveiled a new telework policy, in which employees are limited to 80 hours of telework per year, and that reasonable accommodations cannot include regular/scheduled or full-time telework.

A CDC spokesperson said in a statement that “this shift aligns with President Trump’s executive order on returning federal employees to in-person work, ensuring the government is best positioned to deliver results for the American people.

In September, the CDC said it would stop approving telework requests for employees with reasonable accommodations, but temporarily reversed course on that decision, according to internal agency emails obtained by Federal News Network.

A separate email obtained by Federal News Network told HHS employees with pending reasonable accommodations that “all existing reasonable accommodation programs have been consolidated to form the HHS Reasonable Accommodation (RA) Taskforce, servicing the entire HHS workforce.”

The email, sent by an HHS reasonable accommodations coordinator, instructs employees with pending reasonable accommodation requests to complete a questionnaire within seven calendar days, and to submit medical documentation within 20 calendar days.

The email states that failure to submit the required medical documentation by this deadline will result in a “closure of your request.”

The American Federation of Government Employees Local 2883, which represents CDC headquarters employees in Atlanta, told members in an email on Nov. 26 that the agency is once again taking steps to end full-time telework for employees with reasonable accommodations.

AFGE Local 2883 wrote that on the first day back to work after the 43-day government shutdown ended, CDC employees were told that supervisors no longer have authority to approve temporary 90-day agreements for full-time telework, and that their temporary accommodations that expired over the shutdown could not be renewed.

“Some were told their current, non-expired RAs were cancelled outright. Still others were told telework is no longer a reasonable accommodation available to CDC staff. Scores of employees with disabilities were instructed to return to the office or take leave,” the union wrote.

AFGE Local 2883 told members that CDC’s actions stand in “direct defiance” of the return-to-office mandate that President Donald Trump signed on his first day in office, as well as follow-up guidance from the Office of Management and Budget and Office of Personnel Management.

“This harmful policy change keeps us from doing our jobs for the American people in the best way possible. It works against the safety and well-being of all of our colleagues, including many of whom were forced to return to a campus still marred by unrepaired bullet holes from the August shooting. And it violates our rights as federal workers. It’s against the law to mass-deny any type of reasonable accommodation for everyone in the agency,” the union wrote.

In August, a gunman fired more than 180 shots into the CDC’s headquarters, killing a police officer who responded to the scene.

According to the union, however, HHS reasonable accommodation coordinators have said “telework is still a reasonable accommodation at CDC,” and that existing temporary reasonable accommodations granted on or before Sept. 15 will continue and can be extended or modified as appropriate.

“CDC’s misrepresentation of HHS’s policy on reasonable accommodations terrorized both the supervisors who implemented it and the employees who suffered as a result,” the union wrote. “This is a confusing and stressful time for many of us, especially as there has been no clear guidance across offices for what comes next. We cannot let this chaos and uncertainty stand, and we will demand clear leadership and full transparency.”

Despite these restrictions on telework as reasonable accommodations, some parts of HHS are, more broadly, easing up on work-from-home restrictions.

At the Centers for Medicare and Medicaid Services, Administrator Mehmet Oz told staff in a Nov. 14 email that CMS employees will be able to take up to four telework days per month, “in recognition of the hard work that you all have put in this year.”

According to the email, employees who scored a 4.5 or higher on their most recent performance rating will be eligible to take two days of telework per two-week pay period. Employees who scored between 4.49 and 3.0 will be eligible to day a single telework day per pay period.

The new policy went into effect on Nov. 17. Oz told employees that these telework days would not count against the 80 hours of telework that all HHS employees can take each year. CMS did not respond to a request for comment.

Oz told CMS staff that any telework in excess of that 80-hour limit would require an office-level or center-level signoff, including by the political leadership for that component.

“Those requests must include a detailed writeup justifying the exception and need to then be sent forward to be approved by the COO for CMS,” Oz wrote. “All requests beyond the 80 hours will be sent to HHS for tracking and awareness.”

According to the email, new employees won’t be eligible for telework until they are at least six months into the job.

“Once they have completed their probationary period and received their first-year performance review then their telework status can reflect that performance rating,” Oz wrote.

The post HHS faces months-long backlog of reasonable accommodation requests from employees first appeared on Federal News Network.

© AP Photo/Alex Brandon, File