As the return to offices continues, more employers and HR professionals are paying attention to the potential legal risks posed by reluctant returning staff.
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I’ve been talking to clients about this [legal risks of RTO] for years, and I think there is a resurgence in the dialogue around it in light of what’s going on with government employees,” said Stephanie Gantman Kaplan, partner at Blank Rome and vice chair of the labor and employment practice group.
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Who exactly gets accommodations, like remote or hybrid working arrangements, also poses legal risks, particularly if decisions are made arbitrarily and without documentation. Accordingly, the accommodations process should be as fair and consistent as possible, Gantman Kaplan said.
She expects accommodations will increasingly be made for staff with caregiving responsibilities, which aren’t covered under the ADA. In those instances, staff may get different working arrangements and time off under the Family and Medical Leave Act (FMLA), and need to take temporary leaves of absence from work. HR teams should evaluate current leave of absence and FMLA policies at their organizations to ensure they are compliant and adequately supporting employees in those situations, Gantman Kaplan said.
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"RTO Comes with Legal Risks," by Hailey Mensik was published in WorkLife on February 11, 2025.
