What You Should Know:
Employers in Massachusetts generally have the right to require employees to return to the office, but that right has limits. Contracts, reasonable accommodations, and anti-discrimination laws still apply. Employees should understand how return-to-office policies affect accommodations, consistency, pay, and prior remote work arrangements.
Today, more than half of employees work in a hybrid setting, while about a quarter work fully
remotely, according to Gallup, and just over 20% have fully on-site and in-person work. During the pandemic, employees in Massachusetts and across the country largely shifted to remote work. For many workers, this shift changed expectations about how, where, and when work could be done. Yet in the years that have followed, many employers have required a return to the office, some requiring a return to full in-person work, and others permitting a hybrid schedule.
Employers generally have discretion when it comes to return-to-work policies in today’s market, yet employee rights and protections still apply, particularly around accommodations and consistency. What should employees know about return-to-office policies in Massachusetts in 2026?
Why Return-to-Office Policies Are Still a Workplace Issue
Though the COVID-19 pandemic is in the past, return-to-office (RTO) policies are still a workplace issue, mostly because of the difference between what employers want and what employees want. Employers often want an in-person culture because they believe it promotes more collaborative work and encourages better work from employees. By contrast, many employees learned during the pandemic that work-from-home (WFH) allows for more flexibility and fewer stressors that come with a 40-hour (or more) workweek.
The ongoing return-to-office debate reflects a disconnect between how employers and employees view productivity and flexibility. This disconnect is often where legal questions begin to arise.
When Employers Can Require In-Office Work in Massachusetts
Generally speaking, employers can require in-office work and can require employees to return to the office, even fully in-person, if that’s how they choose to operate their business. Employers are given broad discretion when it comes to running their workplaces. There are a handful of exceptions, however. Employers may not be able to require partial or full in-office work if one or more of the following is true:
- The employee has a contract that provides stipulations for hybrid or remote work, or work-from-home flexible options;
- The employee is entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA), and the employee has been approved for WFH as an accommodation; or
- The employer has made hybrid or remote work an option for certain employees but not for others, and those employees who have been denied hybrid or remote work options appear to have been denied that benefit for discriminatory reasons (in short, an employer cannot say, for example, that male employees can have remote and hybrid work but female employees in the same role must come into the office).
Outside of these exceptions, employers generally have broad discretion to set in-office requirements. That discretion, however, is not unlimited.
Reasonable. Accomodations and Return-to-Office Policies
Changes in work environments that include hybrid and fully remote jobs have not changed the ADA or the Pregnant Workers Fairness Act (PWFA) in Massachusetts. Employees should know that requesting an accommodation is a protected right, not a favor. The ADA does not require a specific accommodation for a specific condition; instead, employers must engage in a process to determine a reasonable accommodation. In many cases, that accommodation may include hybrid or fully remote work.
Disability, pregnancy and pregnancy-related conditions, mental health conditions, and other medical needs can necessitate a flexible work schedule. Employers need to consider employee requests and comply with federal and state laws.
Why Consistency in RTO Enforcement Matters Under Employment Law
Consistency in enforcement matters so that employees do not face unlawful discrimination when it comes to return-to-office requirements. Employee rights at work include protections against discrimination, and inconsistent enforcement can raise red flags. For example, allowing one employee to remain remote while denying another in the same role may raise legal concerns.
How Prior Remote or Hybrid Work May Factor Into Discussions
Some employers entered into new agreements with employees during the pandemic about remote or hybrid work. If those agreements are still in place, they can certainly factor into present discussions about your ability to work on a hybrid in-person/at-home basis or to continue to work fully remotely. In short, previous agreements with your employer might constitute a contract between you and the employer that could potentially be enforceable.
In addition, if your employer previously permitted remote or hybrid work but has only required some employees to return to the office on a fully in-person basis, your employer could be violating state or federal discrimination laws.
How Pay, Leave, and Expense Issues Can Be Affected by RTO Requirements
RTO requirements can potentially impact pay, leave, and expense issues. For hourly employees or for non-exempt salaried employees who are required to work a certain number of hours per day or week, the employer’s method of tracking hours might change. Massachusetts employers are also required to provide certain types of reimbursement for remote employees, such as for internet, if the cost would result in an employee earning less than the minimum wage. With an RTO, such reimbursements may be denied in the future for employees.
Depending on the circumstances, a required RTO may also constitute the loss of a benefit if other employees are still eligible for hybrid or remote work, and an employee may be able to allege discrimination.
What Employees Can Do if They Have Questions or Concerns
Whether you are in a professional role, an hourly wage position, or anywhere in between, a lawyer can assist you with any questions or concerns you have about return-to-office requirements in Massachusetts.
Contact a Massachusetts Employment Law Attorney in Boston and Natick
Whether you are an employer or an employee, our firm can answer your questions about remote work legal requirements and obligations, and we can help you to take legal steps to protect your rights if you have concerns. Do not hesitate to reach out to our Boston and Natick employment law attorneys to find out more about how we can assist you. Contact Rodman Employment Law today to speak with a lawyer at our firm.
