Remote Work, Accommodations & Leave
Remote work and accommodation requests require attention to the job, the employee’s circumstances, and the applicable work location. A standard policy is a starting point, not the answer to every request.
Questions and Answers
What should an employer review when an employee moves to Colorado?
Confirm where the employee is working and when the arrangement began. Review payroll withholding, unemployment insurance, workers’ compensation, wage-and-hour rules, paid sick leave, and Colorado FAMLI obligations as applicable.
The requirements can depend on coverage rules and the facts of the arrangement; not every obligation begins in the same way. Create a process for approval and review of work-location changes, including temporary arrangements, rather than relying only on the address in payroll.
Sources: Colorado Department of Labor: Wage and Hour Laws; Colorado FAMLI: Employer FAQs.
How does FMLA eligibility work for remote employees?
For a private employer, FMLA coverage generally requires at least 50 employees in 20 or more workweeks in the current or preceding calendar year. Employee eligibility is a separate question: it generally requires 12 months of employment, 1,250 hours of service in the preceding 12 months, and a worksite with at least 50 employees within 75 miles.
For remote employees, the relevant worksite is generally the office to which they report or from which assignments are made, not their home. Public agencies and schools have different employer-coverage rules. Other leave or accommodation laws may apply even when FMLA does not.
Sources: U.S. Department of Labor: FMLA Coverage and Eligibility; U.S. Department of Labor: Telework and FMLA Worksites.
Must an employer allow remote work as a disability accommodation?
Sometimes. Assess the employee’s limitations, the essential functions of the specific job, and whether remote work or another accommodation would be effective without undue hardship. An employer does not have to remove essential job functions, and it may choose among effective accommodations.
Discuss the request individually and document the operational reasons for the response. A general preference for office attendance, or a blanket policy against telework, should not replace that assessment.
Does successful pandemic-era telework settle a current accommodation request?
No, but the experience can be relevant evidence. Review what duties were actually performed, whether some duties were suspended, what support was provided, and what has changed since then.
Consider current job requirements and comparable arrangements consistently. A temporary emergency measure does not automatically require permanent telework, but it should not be dismissed without examining what it demonstrates about the employee’s ability to do the job.
How should employers address inaccessible hiring and HR systems?
Provide a clear way to request an accommodation and an alternative process when a tool creates a disability-related barrier. Evaluate the assessment or platform against the actual job requirements and the applicable accommodation duties.
Ask vendors about accessibility testing and limitations before purchase. WCAG can provide useful technical criteria, but which legal standards apply depends on the organization and context. Do not assume that every private employer has the same obligations as a federal agency or state government.
Sources: EEOC: Disability Discrimination.
Can software decide accommodation or leave requests automatically?
Software can track dates, route requests, and assist with routine calculations, but a process needs a person who can evaluate individual circumstances, exceptions, missing information, and overlapping obligations. A late or incomplete document does not always justify automatic denial.
Review the rules for eligibility notices, certification, opportunities to correct deficiencies, and any applicable extension. Consider ADA, FMLA, PWFA, and state requirements separately where relevant. Limit medical information to what may lawfully be requested and keep it appropriately confidential.
Sources: U.S. Department of Labor: FMLA Coverage and Eligibility; EEOC: Disability Discrimination; EEOC: Pregnant Workers Fairness Act.
When should managers involve HR or counsel about remote work or leave?
Escalate a possible accommodation request even if the employee does not use legal terminology. Involve HR before denying a request, issuing discipline connected to an absence, or imposing a return-to-office requirement on an employee with a known limitation.
An unreported relocation, a disputed essential job function, inconsistent treatment, or a software-generated denial also warrants review. Preserve the request and relevant communications, and avoid seeking unnecessary medical details while the issue is being assessed.
Sources: EEOC: Disability Discrimination; EEOC: Pregnant Workers Fairness Act.
Updated October 21, 2026. General information for employers, not legal advice. Requirements depend on the facts, the employer, and the locations involved. Reading these FAQs does not create an attorney-client relationship.