Can My Employer Make Me Return to the Office?

Many US employees are resisting return-to-office orders, but they only can push so far.

Photographer: Chona Kasinger/Bloomberg
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With summer’s end marking a time to resume normal schedules, more US companies are beginning to insist that white-collar workers return to offices some or all of the workweek. Many of their employees are resisting, having embraced the benefits of working remotely. Most employees can push it only so far, as there is no ironclad right to work from home in the US, or anywhere else. A couple of countries have passed legislation strengthening employee requests to work from home. More have protected the right not to do so after hours.

In April, a law went into effect in Ireland that requires employers to consider employee requests to work remotely based on both parties’ needs. If employers say no, they must provide reasons in writing. On Sept. 26, the Netherlands’ Senate voted down a similar piece of legislation. In the UK, all employees will soon have the right to request flexible work arrangements, including remote work, upon starting a job. Previously, they had to wait half a year before making this ask, which can also include accommodations such as different start and end times. The new legislation requires employers to consult with their employees to explore alternatives before turning down an application.