In a recent National Employment Law Council newsletter, Janice Sued Agresti and Nandini Sane explored how remote work is increasingly being used as a reasonable accommodation for employees with mental health conditions under the Americans with Disabilities Act (ADA). They emphasize that employers must engage in an individualized, interactive process when evaluating accommodation requests—including remote work—and caution against common pitfalls like blanket denials or relying on stereotypes. The article also highlights a growing trend of employees seeking remote work instead of taking medical leave, underscoring the importance of honoring protected leave rights under laws such as the Family and Medical Leave Act (FMLA). Ultimately, Janice and Nandini encourage employers to stay flexible, legally compliant, and proactive by establishing clear policies, training managers, and addressing accommodation requests with care and confidentiality.
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