In the years following the globally disruptive COVID-19 pandemic, employers have explored variations of work arrangements to balance the demands of their businesses with the needs of their employees' personal lives. Among the lessons learned through the pandemic was, many jobs have the potential to be performed remotely.
While the arrangement allowed new flexibility for many workers, it also introduced both expected and unanticipated challenges to managing a dispersed workforce. Further complicating matters are the legal implications of the lasting cultural impacts of the pandemic. Although many employees prefer remote work simply for personal reasons, many have requested work from home or other workplace accommodations related to their own or a family member's medical condition, including pregnancy-related limitations or leaves of absence.
Managing such requests can be time-intensive and rife with both legal and practical risks, making it particularly important for companies to understand their legal obligations under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Pregnant Workers Fairness Act (PWFA) and/or similar state or local laws.
To understand how businesses are navigating the many challenges posed to employers in 2025, management-side employment firm Littler Mendelson P.C. surveyed nearly 350 in-house lawyers, business executives and human resources professionals. Respondents are based across the U.S. and represent a range of company sizes and industries, including technology, manufacturing, retail, healthcare and hospitality.
Back to Work!
More than five years after COVID-19 forced a paradigm shift in workplace norms, many employers are making a concerted push for in-person work. Indeed, nearly half of respondents whose organizations have positions that can be performed remotely say they have increased in-person work requirements over the past 12 months or are considering doing so. However, even with some employers planning to increase the number of expected in-person workdays, most organizations intend to continue to allow some flexibility through hybrid schedules. Only 5% of employers surveyed have gone further to require in-office work every day, joining 10% that already require fully in-person work.
Return-to-Office: Everything We Imagined?
What has been the effect of the in-office push? Have employers seen the increased productivity, enhanced engagement and collaborative culture envisioned by the mandate? The results are, unsurprisingly, mixed: About half the organizations that have increased their in-office requirements believe the change has led to an improved culture and better workplace collaboration. More specifically, 42% point to the benefits of an enhanced ability to monitor employees' work and 38% cited better employee training and development opportunities.
However, only about a quarter stated they've actually observed the oft-cited goal of increased employee productivity. Interestingly, nearly 1 in 5 of those that have increased their in-office presence say they have seen no positive impacts compared with the 1 in 10 that have seen no negative impacts.
On the other hand, many employers have also observed several drawbacks to the increased in-office requirements:
- More complaints from employees (47%)
- Decreased employee morale and engagement (44%)
- Increased non-compliance with in-office requirements (40%)
Further, the approach also poses talent recruitment and retention problems as many employees and candidates have come to expect remote work options. Approximately a third of employers say that increased in-office requirements have led to higher employee turnover and difficulty attracting new talent.
For most employers, the most consequential consideration to requiring more in-person work, however, is the legal impact of increased requests for workplace accommodations related to remote work and mental health. More than half of all respondents, including 65% of large employers, observed a spike in such requests.
In-Office Mandates versus Remote Work and Workplace Accommodations
The pandemic ushered in many cultural shifts, including an increased focus on the importance of mental health. Most employers surveyed (70%) reported increased requests for leaves of absence and/or accommodations related to mental health conditions. Further, nearly half observed increased requests for intermittent leaves or reduced schedules. Evaluating such requests poses unique challenges for employers, especially when these situations overlap with employee relations or performance issues. Further complicating these dynamics are the ever-expanding definitions by courts and agencies of "reasonable accommodation" and qualifying medical conditions under applicable laws.
Given the several competing practical considerations and legal frameworks at play when evaluating return-to-office mandates, it's more important than ever for employers to engage with employment counsel to evaluate the potential implications of their organization's strategy, including establishing clear processes for evaluating accommodation requests and ensuring managers are adequately trained on how to navigate the many nuances to managing employees in 2025.
Originally published by Greater Phoenix In Business.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
