State issues guidelines on back-to-office order. Some long-distance commuters may be exempt
Published in News & Features
SACRAMENTO, Calif. — Employees previously given permission to work from home because of special needs can be exempted from the governor’s four-day return-to-office mandate, according to new guidance released by the state on Friday.
That includes state workers living more than 50 miles from home and covered by previously established telework agreements.
The two weeks since state workers learned they would be returning to offices more frequently this summer have been marked by uncertainty about the availability of office space, the timing of the governor’s decision and how much the shift back to working primarily in person will cost California.
On Friday, the California Department of Human Resources provided anticipated guidance about how departments should roll out Gov. Gavin Newsom’s return-to-office order.
In the guidance, CalHR said to achieve the benefits of in-person work, which Newsom cited as one of the reasons for the order, departments need “a critical mass of employees to be present to ensure these operational needs are met.”
Exceptions to the return-to-office directive should be limited so as to not interfere with the broader goal of more in-person interactions between employees, CalHR advised.
In addition to the exceptions for certain employees who live 50 miles from their office, CalHR said employees with telework agreements that allow them to work from non-office locations to provide services should continue doing so. The human resources department cited telehealth providers, investigators and inspectors as examples of employees who fit into this exception.
The guidance noted that working “in the field,” traveling for work and attending off-site meetings should be classified as in-person days.
The state did not alter guidance it had previously issued on how departments should handle employees’ reasonable accommodation requests, which can include telework and a range of other modifications intended to support employees with disabilities.
Before the release of the statewide guidance, state workers with disabilities and health issues expressed fear that the new return-to-office order would result in a change to their reasonable accommodations.
One of those employees with a reasonable accommodation is Francesca Wander, a housing program representative with the Department of Housing and Community Development, who currently works remotely full time.
Although the guidance doesn’t recommend departments make changes on how to process reasonable accommodations, Wander said she still has fears that agencies might reevaluate existing exceptions to telework policies.
“I’m petrified at the thought that I might lose that exemption and be forced back into an unsafe environment four days a week,” Wander said.
Employees with health conditions that require them to work remotely get approval from medical professionals as part of the reasonable accommodation process. Despite this, individual departments are the ultimate arbiter of these return-to-office exceptions. CalHR previously said there is no centralized data on workers’ requests for reasonable accommodations.
In the past year, some state workers with disabilities who have requested telework accommodations have resigned because of delays and denials in that process.
Wander said departments’ latitude to grant or rescind exemptions has prevented her from applying for promotions because the change might lead to her losing her current remote-work status.
“Even those of us with a reasonable accommodation, we’re living with the fear that those can be revoked,” Wander said.
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