Scrutiny of remote work accommodations for disability benefits at the Veterans Affairs department, detailed in an internal memo
The Veterans Affairs Department (VA) has announced a new policy aimed at providing stricter scrutiny of reasonable accommodations (RAs) for employees with disabilities. The policy, which was not authored by a named senior VA official, comes amidst concerns from unions and disability advocates.
According to the memo, a member of the senior executive service or SES-equivalent must now sign off on an RA request for more than eight weeks of regular or recurring telework or remote work. Supervisors must, at least annually, review RAs approved without an end date to assess their "appropriateness and effectiveness." The memo orders a 90-day review of RA approvals since Jan. 1, 2022, for remote or telework that last longer than eight weeks.
The new policy could potentially force some employees with obvious disabilities to provide proof of disability, which is not typically required. This has raised concerns from unions, who argue that it's a waste of time and resources and a clear attempt to force disabled veterans out of the VA. A union spokesperson stated that it's outrageous that a department employing many disabled veterans might ask every person with a reasonable accommodation to recertify their need for an accommodation.
The American Federation of Government Employees (AFGE) has argued that the new requirements would unduly harm employees with disabilities. Eric Pines, an attorney specializing in representing employees with disabilities, predicts the new policy will result in more hassle for workers requesting RAs. He believes the policy might violate federal law that prohibits employers from requiring medical documentation for "obvious" disabilities.
However, VA Press Secretary Peter Kasperowicz stated that the purpose of the new reasonable accommodation guidance is to ensure these accommodations remain necessary, reasonable, and effective for both the employee and VA. He added that the policy is not intended to create undue burdens or hardship for employees.
As of June, the veteran unemployment rate stood at 3.7%. According to Office of Personnel Management data, there are nearly 115,000 employees with disabilities at the VA out of an approximately 483,000-person workforce. An exception was made for disability or other qualifying medical conditions.
Eric Katz contributed to this report.
