New York Return to Office Mandate 2026

What is New York’s return to office mandate?

New York State has not enacted a state-wide return to office mandate for private sector employers. Private employers in New York operate under the at-will employment doctrine, meaning they can set their own workplace policies, including return to office requirements, subject to federal and state anti-discrimination laws and accommodation requirements.

The City of New York has implemented return to office policies for municipal employees. In November 2025, Mayor Eric Adams announced that approximately 2,900 former city employees terminated for COVID-19 vaccine refusal could return to city employment. This policy applies only to NYC municipal workers, not private sector employees.

Source: NYC Mayor’s Office; New York State Legislature Available at: https://www.nyc.gov/mayors-office/

Does New York’s RTO mandate apply to private employers?

No. New York State has not enacted a return to office mandate that applies to private sector employers. Private employers in New York have the discretion to set their own workplace location policies under the at-will employment doctrine.

However, private employers must comply with:

• Anti-discrimination laws (New York State Human Rights Law, Title VII, ADA)
• Reasonable accommodation requirements for disabilities, religious beliefs, and pregnancy
• Contractual obligations and collective bargaining agreements
• Public policy protections against retaliation

Source: New York State Division of Human Rights Available at: https://dhr.ny.gov/

Can my employer force me back to the office in New York?

Under New York’s at-will employment doctrine, private sector employers generally can require employees to work in the office, modify remote work arrangements, or change workplace location policies, unless:

Exceptions:

• You have an employment contract specifying remote work rights
• You are covered by a collective bargaining agreement with remote work provisions
• You qualify for a reasonable accommodation (disability, religious belief, pregnancy)
• Requiring office work would violate anti-discrimination laws
• You are being singled out for discriminatory or retaliatory reasons

If none of these exceptions apply, employers may change workplace location requirements. However, if you have a disability or other qualifying condition, you may request remote work as a reasonable accommodation through the interactive process.

Source: New York State Bar Association Available at: https://nysba.org/

What are my accommodation rights under New York law?

New York State Human Rights Law requires ALL employers in New York, regardless of size, to provide reasonable accommodations for:

Disability:

• Remote work or hybrid arrangements (if essential job functions can be performed remotely)
• Modified work schedule
• Assistive technology or equipment
• Workplace modifications

Pregnancy:

• More frequent breaks
• Light duty assignments
• Modified work schedule or remote work (if feasible)

Religious Beliefs:

• Flexible scheduling for religious observances
• Modifications to dress code or workplace policies
• Remote work (if feasible and addresses religious need)

Employers must engage in an interactive process and provide accommodations unless they would cause undue hardship.

Source: New York State Division of Human Rights Available at: https://dhr.ny.gov/discrimination-law

Contact: NY State Division of Human Rights at 1-888-392-3644

How do I file a discrimination complaint in New York?

For State-Wide Complaints:

New York State Division of Human Rights:

• Online: https://dhr.ny.gov/complaint (preferred method)
• Phone: 844-697-3471
• Deadline: 3 years from discriminatory act (for acts after 2/15/2024); 1 year (for acts before 2/15/2024)
• Filing with NY State DHR automatically cross-files with EEOC

For NYC-Based Complaints:

NYC Commission on Human Rights:

• Phone: 311 or (212) 306-7450
• Website: https://www.nyc.gov/site/cchr/
• Deadline: 1 year (3 years for gender-based harassment)

Federal Level:

EEOC:

• Phone: 1-800-669-4000
• Online: https://publicportal.eeoc.gov/
• Office: 33 Whitehall Street, 5th Floor, New York, NY 10004
• Deadline: 300 days from discriminatory act

What to Expect:

1. Initial intake interview
2. Formal complaint filed
3. Investigation by agency
4. Determination (probable cause or no probable cause)
5. Settlement negotiations or hearing
6. Remedies if discrimination found

Source: NY State Division of Human Rights; EEOC Available at: https://dhr.ny.gov/complaint

Can I request remote work as a reasonable accommodation?

Yes. Remote work may be a reasonable accommodation under the Americans with Disabilities Act (ADA) and New York State Human Rights Law if:

Requirements:

• You have a qualifying disability, religious belief, or pregnancy-related condition
• Remote work effectively addresses your disability-related or other protected limitation
• The essential functions of your position can be performed remotely
• It does not cause undue hardship to the employer

Process:

1. Notify your employer of your need for accommodation
2. Provide medical documentation if requested (for disability)
3. Engage in interactive process to discuss possible accommodations
4. Employer evaluates whether remote work is feasible and effective
5. If denied, employer must show undue hardship or propose alternative effective accommodation

Source: EEOC; New York State Division of Human Rights Available at: https://www.eeoc.gov/disability-discrimination

What is New York’s Human Rights Law?

The New York State Human Rights Law is the state’s primary anti-discrimination statute. It prohibits discrimination in employment, housing, public accommodations, credit, and education.

Protected Classes in Employment:

• Age (18 and older)
• Race
• Creed
• Color
• National origin
• Sexual orientation
• Gender identity or expression
• Military status
• Sex
• Disability
• Predisposing genetic characteristics
• Familial status
• Marital status
• Domestic violence victim status
• Arrest or conviction record (certain circumstances)

Employer Coverage: ALL employers in New York State, regardless of size (as of February 8, 2020)

Enforcement: New York State Division of Human Rights

Remedies:

• Back pay and front pay
• Reinstatement or hiring
• Compensatory damages
• Civil fines and penalties
• Policy changes
• Training requirements

Source: New York Executive Law, Article 15, §§ 290-301 Available at: https://dhr.ny.gov/new-york-state-human-rights-law

Where do I file an EEOC complaint in New York?

New York District Office:

33 Whitehall Street, 5th Floor
New York, NY 10004

Phone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

How to File:

1. Online (Recommended): https://publicportal.eeoc.gov/portal/
   • Schedule telephone, video, or in-person interview
   • Available Monday-Friday, 9:00 a.m. – 3:00 p.m.
2. By Phone: Call 1-800-669-4000 to schedule intake appointment
3. In Person: Limited walk-ins Monday, Tuesday, Thursday (9:00 a.m. – 12:00 p.m.)
   • Appointments given priority
   • Bring valid government-issued photo ID
   • Arrive 15 minutes early for security

Deadline: 300 days from discriminatory act in New York (due to worksharing agreement with state)

Buffalo Local Office:6 Fountain Plaza, Suite 350
Buffalo, NY 14202
Phone: 1-800-669-4000

Source: EEOC New York District Office Available at: https://www.eeoc.gov/field-office/newyork/location

What is at-will employment in New York?

At-will employment means that either the employer or employee can terminate the employment relationship at any time, with or without cause, and with or without notice, unless an exception applies.

According to the New York State Bar Association:

“New York State is an ‘Employment-at-Will’ state. That means that an Employer may terminate an Employee at any time and for any legal reason or no reason at all.”

Exceptions to At-Will Employment:

• Anti-Discrimination Laws: Cannot terminate based on protected characteristics
• Retaliation Protections: Cannot terminate for filing complaints, whistleblowing, or exercising legal rights
• Public Policy: Cannot terminate for refusing illegal acts or performing legal obligations
• Employment Contracts: Written or implied contracts override at-will presumption
• Collective Bargaining Agreements: Union contracts specify termination procedures

Source: New York State Bar Association Available at: https://nysba.org/

Important: While employers have broad discretion under at-will employment, they must still comply with all anti-discrimination, accommodation, and retaliation protection laws.

What is the difference between state employee and private sector RTO requirements in New York?

NYC Municipal Employees:

Governing Authority: NYC Mayor’s Office and NYC Department of Citywide Administrative Services establish policies for municipal employees.

RTO Mandate: The City of New York has implemented specific return to office policies for city employees. In November 2025, Mayor Adams announced that approximately 2,900 former employees who were terminated for refusing COVID-19 vaccination would be offered the opportunity to return to city employment.

Legal Framework: NYC municipal employees are governed by NYC civil service rules and collective bargaining agreements with their respective unions.

Flexibility: Return to office policies for city employees are subject to union negotiations and established city policies. Changes typically require consultation with bargaining units.

Accommodation Rights: NYC municipal employees have the same rights to reasonable accommodations under the ADA and New York State Human Rights Law as private sector employees.

Private Sector Employees:

Governing Authority: Individual private employers set their own return to office policies. There is no state-wide government mandate.

RTO Mandate: No state-wide return to office mandate exists for private sector employers in New York. Each employer determines its own workplace location policies.

Legal Framework: Private sector employees work under at-will employment doctrine, subject to federal and state anti-discrimination laws, accommodation requirements, and any individual employment contracts or collective bargaining agreements.

Flexibility: Employers have broad discretion to set and modify workplace location policies, subject to legal requirements including anti-discrimination laws, accommodation obligations, and contractual commitments.

Accommodation Rights: Private sector employees have the same rights to reasonable accommodations under the ADA and New York State Human Rights Law as municipal employees.

Key Similarity: Both municipal and private sector employees in New York have identical rights to reasonable accommodations for disabilities, religious beliefs, and pregnancy under federal and state law. All employers, regardless of sector, must engage in the interactive process and provide accommodations unless they cause undue hardship.

Source: NYC Mayor’s Office; New York State Division of Human Rights Available at: https://www.nyc.gov/site/dcas/ and https://dhr.ny.gov/

How has office occupancy changed in New York since the pandemic?

According to the Partnership for New York City survey conducted March 5-20, 2025:

• 57% of Manhattan office workers are at their workplace on an average weekday
• This represents 76% of pre-pandemic attendance levels
• 69% of employers have hybrid office policies
• 21% have a combination of remote, hybrid, and in-office depending on job function
• 10% require daily in-office attendance
• 75% of employers have implemented their “new normal” policy with no planned changes

Industry Variations:

• Real estate: 85% average daily attendance
• Financial services: 62% average daily attendance
• Law firms: 62% average daily attendance

Source: Partnership for New York City – Return to Office Survey Published: March 2025 Available at: https://pfnyc.org/

Note: These are private survey results showing employer trends, not government mandates or legal requirements.

Are there any pending RTO laws in New York State?

As of December 21, 2025, no specific return to office legislation is pending in the New York State Legislature.

Legislative Monitoring:

New York State Senate:

• Website: https://www.nysenate.gov/
• Search: “return to office”, “remote work”, “telework”
• Result: No pending RTO-specific legislation identified

New York State Assembly:

• Website: https://nyassembly.gov/
• Search: “return to office”, “remote work”, “telework”
• Result: No pending RTO-specific legislation identified

Current Session: 2025 legislative session

Employees and employers should monitor the New York State Legislature websites for any new proposed legislation regarding remote work or return to office requirements.

Source: New York State Legislature Available at: https://www.nysenate.gov/ and https://nyassembly.gov/

What rights do union members have regarding RTO?

Union members’ return to office rights are governed by their collective bargaining agreements (CBAs).

Key Protections:

• Collective Bargaining Agreements: May include specific provisions about:
  • Workplace location
  • Remote work rights
  • Changes to working conditions
  • Grievance procedures
• Duty to Bargain: Employers must bargain with unions over:
  • Material changes to working conditions
  • Implementation of new RTO policies
  • Impact of RTO on bargaining unit members

Process:

1. Review your collective bargaining agreement
2. Contact your union representative
3. Union may file grievances for contract violations
4. Unions may negotiate over RTO policy changes

Important: Even with union protection, employers may be able to change workplace location policies through negotiation or if not restricted by the CBA.

Source: National Labor Relations Act; New York State labor law Contact: Your union representative for specific CBA provisions

Can my employer monitor my work location?

Under New York law, employers generally can monitor employee work locations, but must comply with:

Notice Requirements:

• Employers should provide clear policies about location tracking
• Some workplace monitoring may require notice under New York law

Privacy Considerations:

• Monitoring must be job-related and consistent with business necessity
• Personal device monitoring may have additional restrictions
• Off-duty conduct generally cannot be basis for termination unless it affects job performance

Source: New York State Department of Labor Available at: https://dol.ny.gov/

Note: Specific monitoring policies vary by employer. Review your employee handbook or contact HR for your employer’s specific policies.

What should I do if I’m denied a reasonable accommodation?

If your employer denies your request for reasonable accommodation:

Step 1: Request Written Explanation

• Ask employer to provide written reasons for denial
• Employer should explain why accommodation causes undue hardship or is not effective

Step 2: Discuss Alternative Accommodations

• Engage in continued interactive process
• Propose or discuss alternative accommodations

Step 3: Document Everything

• Keep copies of accommodation requests
• Save emails and written communications
• Document conversations with dates, times, and participants

Step 4: File Complaint if Appropriate

New York State Division of Human Rights:

• Phone: 844-697-3471
• Online: https://dhr.ny.gov/complaint
• Deadline: 3 years from denial (for acts after 2/15/2024)

EEOC:

• Phone: 1-800-669-4000
• Online: https://publicportal.eeoc.gov/
• Deadline: 300 days from denial

Step 5: Consider Legal Consultation

• Contact employment attorney for case evaluation
• New York State Bar Association Lawyer Referral: https://www.nysba.org/

Source: New York State Division of Human Rights; EEOC Available at: https://dhr.ny.gov/

What are New York’s paid leave laws?

New York provides several types of paid leave that may be relevant for employees navigating return to office policies:

New York Paid Family Leave (PFL):

• Coverage: Most NY employees
• Duration: Up to 12 weeks per year
• Benefits: 67% of average weekly wage (up to cap)
• Reasons: Bonding with new child; caring for seriously ill family member; military family events
• Job Protection: Yes
• Source: NY Workers’ Compensation Law § 204
• Website: https://paidfamilyleave.ny.gov/

New York Paid Sick Leave:

• Coverage: All employers
• Amount: Varies by employer size:
  • 0-4 employees: Up to 40 hours unpaid
  • 5-99 employees: Up to 40 hours paid
  • 100+ employees: Up to 56 hours paid
• Uses: Employee or family member illness, medical care, safe time
• Source: NY Labor Law § 196-b
• Website: https://dol.ny.gov/

Federal FMLA:

• Coverage: Employers with 50+ employees
• Duration: Up to 12 weeks unpaid
• Job Protection: Yes
• Reasons: Serious health condition, new child, military family leave
• Source: 29 U.S.C. § 2601 et seq.

Source: NY State Department of Labor Available at: https://dol.ny.gov/