California Return to Office Mandate 2026

1. What is California’s return to office mandate?

California’s return to office mandate refers to Executive Order N-22-25, issued by Governor Gavin Newsom on March 3, 2025. The mandate requires California state government employees to work in-office at least four days per week beginning July 1, 2025. Case-by-case exceptions are permitted for specific circumstances. This mandate applies only to California state employees, not private sector workers.

Source: Office of Governor Gavin Newsom, Executive Order N-22-25
Available at: https://www.gov.ca.gov/2025/03/03/governor-newsom-orders-return-to-office/

2. What is Executive Order N-22-25?

Executive Order N-22-25 is a directive issued by California Governor Gavin Newsom on March 3, 2025, mandating that state agencies update their hybrid telework policies to require at least four in-office days per week. The order took effect July 1, 2025 (delayed for some bargaining units through negotiations). The executive order states that in-person work improves collaboration, innovation, and accountability.

Key provisions:

• Minimum four days per week in-office for state employees
• Case-by-case telework exceptions allowed
• Applies to agencies within the Governor’s administration
• CalHR issued guidance on appropriate exceptions

Source: California Governor’s Executive Order N-22-25
Guidance: California Department of Human Resources

3. Can my employer force me back to the office in California?

For private sector employees: Generally yes, unless you have an employment contract specifying remote work. California follows the at-will employment doctrine (Labor Code § 2922), meaning employers can change work conditions including location. However, employers must:

• Comply with anti-discrimination laws (FEHA)
• Provide reasonable accommodations for disabilities
• Not retaliate against employees exercising protected rights

For California state employees: Yes, under Executive Order N-22-25, subject to case-by-case exceptions and collective bargaining agreements.

Important: Employers cannot legally force you back if:

• You qualify for reasonable accommodation under ADA/FEHA
• Doing so violates an employment contract
• It constitutes discrimination or retaliation

Consult: A licensed California employment attorney for specific situations

4. Does California’s RTO mandate apply to private employers?

No. Executive Order N-22-25 applies only to California state government employees working in agencies under the Governor’s administration.

Private sector employers are not covered by this executive order. However, private employers in California must still comply with:

• California Fair Employment and Housing Act (FEHA)
• Americans with Disabilities Act (ADA)
• Anti-retaliation laws
• Any applicable employment contracts or collective bargaining agreements

Private employers have discretion to set workplace location policies under at-will employment principles, subject to legal requirements.

Source: Executive Order N-22-25 scope; California Labor Code § 2922

5. What are my accommodation rights under the California RTO mandate?

Under California law, you have the right to request reasonable accommodation if you have a disability that makes returning to the office difficult.

Your rights under FEHA:

• Request reasonable accommodation for physical or mental disabilities
• Employer must engage in interactive process
• Accommodation may include continued remote work if feasible
• Employer cannot retaliate for requesting accommodation

The process:

1. Notify employer of need for accommodation
2. Employer must initiate interactive process
3. Both parties discuss potential accommodations
4. Employer implements reasonable accommodation unless undue hardship

Forms available: California Civil Rights Department provides sample accommodation request forms at https://calcivilrights.ca.gov/accommodation/

Protected conditions include:

• Physical disabilities
• Mental health conditions
• Medical conditions requiring remote work
• Chronic health conditions

Contact: California Civil Rights Department at 800-884-1684

6. How do I file a discrimination complaint in California?

California Civil Rights Department (CRD):

Filing deadline: 3 years from the discriminatory act

How to file:

1. Online: Cal Civil Rights System (CCRS) at https://calcivilrights.ca.gov/
2. By phone: Call 800-884-1684 for assistance
3. By mail: Request forms from CRD

What happens:

• CRD investigates complaint (up to 1 year)
• May offer mediation
• Issues right-to-sue letter or files lawsuit if violation found

Federal EEOC Option:

Filing deadline: 300 days for concurrent state/federal filing

How to file:

• Online: EEOC Public Portal at https://publicportal.eeoc.gov/
• Phone: 1-800-669-4000
• In-person: Schedule appointment at EEOC office

California EEOC offices:

• San Francisco District Office
• Los Angeles District Office
• Local offices: Oakland, San Jose, San Diego, Fresno

Important: You must file with CRD or EEOC before filing a lawsuit in most discrimination cases.

7. When does California’s return to office order take effect?

Original effective date: July 1, 2025

Current status: The implementation has been delayed for some bargaining units through union negotiations.

Examples:

• Professional Engineers in California Government (PECG): Negotiated one-year delay to July 1, 2026
• Service Employees International Union (SEIU) Local 1000: Negotiated delay through collective bargaining
• Other unions: Various agreements reached

Where to check current status:

• California Department of Human Resources (CalHR) website: https://www.calhr.ca.gov/
• Your union representative (if applicable)
• Your state agency HR department

Note: This applies only to California state employees. Private employers set their own RTO timelines.

8. What exceptions exist to California’s RTO mandate?

According to CalHR guidance on Executive Order N-22-25, case-by-case exceptions may be granted for:

Position-based exceptions:

• Positions that require telework by nature
• Roles where remote work enhances operational effectiveness
• Jobs with specific business needs requiring remote location

Individual circumstances:

• Employees who live 50+ miles from duty station
• Workers hired with mutually agreed-upon telework arrangement
• Reasonable accommodation for disability
• Family and Medical Leave Act (FMLA) situations
• California Family Rights Act (CFRA) circumstances

Collective bargaining agreements:

• Union-negotiated exceptions
• Terms specific to bargaining units

How to request exception:

1. Discuss with supervisor/manager
2. Provide documentation if required
3. Follow agency-specific process
4. May involve CalHR review

Source: CalHR Statewide Guidance on Case-by-Case Exceptions
Available at: https://www.calhr.ca.gov/

9. Can I request remote work as a reasonable accommodation?

Yes, you can request remote work as a reasonable accommodation if you have a qualifying disability under the ADA or California FEHA.

Requirements to qualify:

• You have a physical or mental disability
• The disability limits major life activities
• Remote work would enable you to perform essential job functions
• Accommodation would not cause undue hardship to employer

How to request:

1. Notify employer of disability and need for accommodation
2. Provide medical documentation if requested (not always required upfront)
3. Engage in interactive process with employer
4. Discuss potential accommodations including remote work
5. Employer evaluates feasibility and alternatives

Important notes:

• Employer must consider but doesn’t have to grant specific accommodation requested
• Must provide effective accommodation if reasonable alternative exists
• Cannot deny accommodation without interactive process
• Cannot retaliate for requesting accommodation

If denied:

• Request written explanation
• File complaint with California CRD (800-884-1684)
• Or file with EEOC (1-800-669-4000)
• Consult employment attorney

Sample forms: Available at https://calcivilrights.ca.gov/accommodation/

10. What is the difference between state employee and private sector RTO requirements?

California State Employees:

Governing rule: Executive Order N-22-25

Requirements:

• Must work in-office minimum 4 days per week
• Effective July 1, 2025 (some delays negotiated)
• Case-by-case exceptions permitted
• Collective bargaining agreements may modify terms
• CalHR provides guidance and oversight

Applies to: State government employees in agencies under Governor’s administration

Private Sector Employees:

Governing rules:

• No specific RTO mandate
• At-will employment (Labor Code § 2922)
• FEHA anti-discrimination laws
• ADA accommodation requirements
• Individual employment contracts

Requirements:

• Employer sets RTO policy at discretion
• Must comply with contracts/agreements
• Must provide reasonable accommodations
• Cannot discriminate or retaliate
• No mandated in-office days

Applies to: Non-governmental employers in California