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Can an employer refuse a request to work remotely when it is supported by a medical recommendation? The answer is not automatic and requires an assessment of the specific circumstances of each case.
In an article published in RH Magazine, Tomás Ribeiro, Associate in the Labour practice at CCA Law Firm, analyses the legal framework applicable to remote working on health grounds and the factors employers should consider when faced with a medical recommendation for an employee to work remotely.
In this context, he notes that “A medical recommendation is not automatically legally binding on the employer, but neither should it be disregarded.”
The article highlights the importance of assessing each request individually, taking into account the employee’s health condition, the nature of their role, its compatibility with remote working and the organisational needs of the employer. It also emphasises the role of Occupational Health services and the need to properly substantiate and document the decision, particularly where a request to work remotely is refused.