San Jose, CA asked in Employment Law for California

Q: In Santa Clara County can my school district Administrative Office (not a school) force us to return to in-person work?

My job functions can and have been carried out successfully remotely. My employer says school districts are "exempt" from following the order to remote work if they are able to do so. Is this true? Can my employer require staff return to the office?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Yes. Employees can be required to return to the office now. If you have some kind of special medical issue that your doctor will certify that you need to remain working from home, then there might be the ability to procure a reasonable accommodation to work from home.

If the employer is not practicing safety protocols mandated by Cal-OSHA, you can report those violations and that entity will investigate and cite the employer for those violations.

Good luck to you.

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