Pennsylvania Return to Office Mandate 2026

What is Pennsylvania’s return to office mandate?

Pennsylvania does not have a statewide return to office mandate for private sector employers. The state has implemented tiered return-to-office policies for certain state government employees. Governor Josh Shapiro required approximately 2,300 senior managers and cabinet officials to work in-person at least three days per week beginning March 6, 2023. Additionally, Philadelphia Mayor Cherelle Parker mandated that City of Philadelphia employees return to full-time in-office work effective July 15, 2024. These policies apply only to their respective government employees, not to private sector employers.

Source: Pennsylvania Office of Administration, City of Philadelphia
Available at: https://www.pa.gov/agencies/oa/ and https://www.phila.gov/

Does Pennsylvania’s RTO policy apply to private employers?

No. Pennsylvania has not enacted legislation or issued executive orders governing return to office mandates for private sector employers. The state employee policies issued by Governor Shapiro apply only to Commonwealth of Pennsylvania state employees. The City of Philadelphia mandate applies only to municipal employees. Private sector employers in Pennsylvania operate under at-will employment principles and are subject to anti-discrimination laws, accommodation requirements, and any applicable contracts or collective bargaining agreements.

Source: Pennsylvania Legislature, Pennsylvania Office of Administration
Legislative search date: December 23, 2025

Can my employer force me back to the office in Pennsylvania?

Generally, yes. Pennsylvania is an at-will employment state, meaning employers may change working conditions, including requiring in-office work, unless prohibited by law or contract. According to Pennsylvania case law, “employees are at-will, absent a contract, and may be terminated at any time, for any reason or for no reason,” as stated in Stumpp v. Stroudsburg Municipal Authority, 540 Pa. 391, 396 (1995).

Exceptions exist when:

• You have a written employment contract specifying remote work
• You are covered by a collective bargaining agreement
• The requirement violates anti-discrimination laws
• You are entitled to remote work as a reasonable accommodation for a disability
• The employer’s action violates clearly established public policy
• The requirement constitutes retaliation for protected activity

Source: Pennsylvania Supreme Court, Pennsylvania Human Relations Commission
Available at: Pennsylvania case law, https://www.phrc.pa.gov/

What are my accommodation rights under Pennsylvania law?

Under the Pennsylvania Human Relations Act, employers with 4 or more employees must provide reasonable accommodations for non-job-related disabilities unless doing so would cause undue hardship. Under federal ADA law, employers with 15 or more employees have similar obligations. Reasonable accommodation may include remote work arrangements when appropriate for disability-related limitations.

The accommodation process generally involves:

• Employee requesting accommodation for disability-related need
• Employer engaging in interactive process to identify effective accommodations
• Assessment of accommodation options and feasibility
• Implementation of reasonable accommodation unless undue hardship

You are not automatically entitled to remote work, but it must be considered as a potential reasonable accommodation if it would enable you to perform essential job functions.

Source: Pennsylvania Human Relations Act (43 P.S. § 955), Americans with Disabilities Act (42 U.S.C. § 12111)
Available at: https://www.legis.state.pa.us/, https://www.ada.gov/

How do I file a discrimination complaint in Pennsylvania?

Pennsylvania Human Relations Commission (State Law):

• Deadline: 180 days from discriminatory act
• How to file: Complete Employment Intake Questionnaire
• Email: PHRC@pa.gov
• Phone: (717) 787-4410
• Mail: Forum Place, 555 Walnut Street, Suite 808, Harrisburg, PA 17101
• Coverage: Employers with 4 or more employees

EEOC (Federal Law):

• Deadline: 300 days from discriminatory act in Pennsylvania
• How to file: EEOC Public Portal (https://publicportal.eeoc.gov/) or call 1-800-669-4000
• Location: 801 Market Street, Suite 1300, Philadelphia, PA 19107-3127
• Coverage: Varies by law (generally 15+ employees for Title VII/ADA, 20+ for ADEA)

Dual-Filing: Complaints filed with PHRC alleging federal violations are automatically dual-filed with EEOC to preserve both state and federal rights.

Source: Pennsylvania Human Relations Commission, EEOC Philadelphia District Office
Available at: https://www.pa.gov/services/phrc/, https://www.eeoc.gov/field-office/philadelphia

Can I request remote work as a reasonable accommodation?

Yes, you may request remote work as a reasonable accommodation for a disability under both Pennsylvania and federal law. However, employers are only required to provide accommodations that are reasonable and do not cause undue hardship. The EEOC has issued guidance recognizing that remote work may be a reasonable accommodation in appropriate circumstances.

Factors employers may consider:

• Essential functions of your position
• Whether remote work enables performance of essential functions
• Impact on business operations and supervision
• Technology and security requirements
• Prior experience with your remote work performance

The fact that you worked remotely during COVID-19 may be relevant but does not automatically establish entitlement to continued remote work. The employer must engage in an individualized interactive process to determine appropriate accommodations.

Source: EEOC, Pennsylvania Human Relations Commission
Available at: https://www.eeoc.gov/, https://www.phrc.pa.gov/

What is the Pennsylvania Human Relations Act?

The Pennsylvania Human Relations Act (PHRA) is Pennsylvania’s comprehensive anti-discrimination law enacted in 1955 and amended multiple times. The PHRA prohibits discrimination in employment, housing, public accommodations, commercial property, and education.

Employment protections cover:

• Race, color, religious creed, ancestry
• Age (40 and over)
• Sex (including gender identity, sexual orientation, pregnancy)
• National origin
• Disability (non-job related)
• Guide or support animal use
• Retaliation

Coverage: Employers with 4 or more employees

Enforcement: Pennsylvania Human Relations Commission investigates complaints and may order remedies including back pay, reinstatement, compensatory damages, and injunctive relief.

Source: Pennsylvania Human Relations Act, 43 P.S. § 951 et seq.
Available at: https://www.legis.state.pa.us/, https://www.phrc.pa.gov/

Where do I file an EEOC complaint in Pennsylvania?

File EEOC complaints with the Philadelphia District Office, which covers most of Pennsylvania, Delaware, and parts of New Jersey.

EEOC Philadelphia District Office:

Address: 801 Market Street, Suite 1300, Philadelphia, PA 19107-3127

Phone: 1-800-669-4000 (nationwide) or (267) 589-9700 (local)

TTY: 1-800-669-6820

ASL Video Phone: 1-844-234-5122

Email: PDOContact@eeoc.gov

Online: EEOC Public Portal at https://publicportal.eeoc.gov/

Hours: Monday-Friday, 8:30 a.m. to 4:00 p.m. (except federal holidays)

Intake interviews: Monday-Thursday by appointment (strongly recommended)

Deadline: Generally 300 days from discriminatory act in Pennsylvania (180 days in states without FEPA)

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/philadelphia

What is at-will employment in Pennsylvania?

At-will employment in Pennsylvania means that either the employer or employee may terminate the employment relationship at any time, for any lawful reason, or no reason at all, without notice. Pennsylvania has followed this doctrine since 1891. According to the Pennsylvania Supreme Court in Stumpp v. Stroudsburg Municipal Authority, “employees are at-will, absent a contract, and may be terminated at any time, for any reason or for no reason.”

Important exceptions to at-will employment:

• Written contracts: Employment contracts may specify terms of employment and grounds for termination
• Collective bargaining agreements: Union contracts typically require “just cause” for termination
• Anti-discrimination laws: Cannot terminate based on protected characteristics
• Public policy: Cannot terminate for reasons violating clear public policy (jury duty, whistleblowing, filing workers’ compensation claims)
• Retaliation: Cannot terminate for exercising legal rights

Pennsylvania recognizes fewer public policy exceptions than many states. Courts have found terminations illegal when:

• Employee refuses to perform illegal acts
• Employee reports employer’s illegal activity when statutorily required
• Employee serves jury duty
• Employee files workers’ compensation claim
• Termination violates anti-discrimination statutes

Source: Pennsylvania Supreme Court, Pennsylvania statutes
Available at: Pennsylvania case law databases

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

State Employees (Commonwealth of Pennsylvania):

Governor Shapiro’s administration has implemented tiered return-to-office policies:

• Approximately 2,300 senior managers, cabinet officials, and Governor’s Office staff: minimum 3 days per week in-office (effective March 6, 2023)
• Approximately 7,600 full-time teleworkers: minimum 1 day per month in-office (effective January 15, 2024)
• About 75% of state’s 72,000 salaried employees already work in-office full-time

Applies to: Commonwealth of Pennsylvania state employees only

Philadelphia City Employees:

Mayor Parker’s mandate requires full-time in-office work for approximately 26,000 City of Philadelphia employees (effective July 15, 2024)

Applies to: City of Philadelphia municipal employees only

Private Sector Employers:

No statewide RTO mandate or legislation. Private employers set their own policies subject to:

• At-will employment principles
• Anti-discrimination laws (PHRA, Title VII, ADA, ADEA)
• Reasonable accommodation requirements
• Employment contracts and collective bargaining agreements
• Anti-retaliation protections

Source: Pennsylvania Office of Administration, City of Philadelphia, Pennsylvania Legislature
Available at: https://www.pa.gov/agencies/oa/, https://www.phila.gov/

Does Pennsylvania require hybrid work options?

No. Pennsylvania has not enacted legislation requiring employers to offer hybrid or remote work options. Governor Shapiro’s state employee policies include hybrid arrangements for certain senior managers (3 days in-office, 2 days remote), but this applies only to state employees. Private sector employers have discretion to set workplace policies, including whether to offer hybrid, fully remote, or fully in-office work arrangements, subject to anti-discrimination laws and accommodation requirements.

Source: Pennsylvania Legislature
Search conducted: December 23, 2025
Available at: https://www.legis.state.pa.us/

Is there pending RTO legislation in Pennsylvania?

As of December 23, 2025, a co-sponsorship memorandum (Memo 46317) has been circulated for potential legislation titled “State Employees Return to Work Act.” This proposed legislation would require state employees to return to designated physical workplaces with a phased approach.

Status: Co-sponsorship stage only; NOT introduced as legislation, NOT voted on, NOT law

Would apply to: Commonwealth of Pennsylvania state employees (if enacted)

Would NOT apply to: Private sector employers

Source: Pennsylvania State Senate
Available at: https://www.palegis.us/senate/co-sponsorship/memo?memoID=46317

Can my employer require me to work in-office if I have childcare responsibilities?

Generally, yes. Childcare responsibilities alone do not constitute a protected class under Pennsylvania or federal anti-discrimination laws. However, potential protections may exist if:

• You have a disability requiring accommodation
• The requirement disproportionately impacts one sex (potential sex discrimination)
• You have FMLA-eligible leave needs
• Your employment contract specifies remote work
• Your collective bargaining agreement addresses work location

Pennsylvania does not have specific laws protecting employees based on parental or caregiving status in the employment context.

Source: Pennsylvania Human Relations Act, federal employment laws
Available at: https://www.phrc.pa.gov/, https://www.eeoc.gov/

What if my employer changed their remote work policy after I was hired?

In Pennsylvania’s at-will employment system, employers generally may change workplace policies, including work location requirements, unless:

You have a written contract specifying remote work: Contract terms govern and employer must comply with contract or negotiate modification

Collective bargaining agreement covers work location: Union may need to negotiate changes to mandatory subjects of bargaining

Change violates anti-discrimination laws: If change disproportionately impacts protected class or denies reasonable accommodation

Change is retaliatory: Cannot change conditions in retaliation for protected activity

Implied contract exists: Pennsylvania courts rarely recognize implied contracts, but may in limited circumstances with clear, specific promises in writing

Many employees worked remotely during COVID-19 under temporary emergency policies. Courts generally do not view temporary pandemic policies as creating permanent remote work entitlements.

Source: Pennsylvania employment law, case law
Available at: Pennsylvania legal databases

How long do I have to file a complaint about RTO discrimination?

Pennsylvania Human Relations Commission (State Law):
Deadline: 180 days from the date of the alleged discriminatory act

Source: 43 P.S. § 959
Available at: https://www.legis.state.pa.us/

EEOC (Federal Law):
Deadline: 300 days from discriminatory act in Pennsylvania (state with Fair Employment Practices Agency)

Source: 42 U.S.C. § 2000e-5(e)
Available at: https://www.eeoc.gov/

Critical: These deadlines are strictly enforced. Filing late generally results in dismissal of your complaint. If you are approaching a deadline, file immediately even if you don’t have all documentation. You can supplement your complaint later.

Can Philadelphia residents file discrimination complaints with the Philadelphia Commission on Human Relations?

Yes. Philadelphia residents and workers may file complaints with the Philadelphia Commission on Human Relations (PCHR) regarding discrimination within Philadelphia city limits under Philadelphia’s Fair Practices Ordinance.

Philadelphia Commission on Human Relations:

Address: The Curtis Center, 601 Walnut Street, Suite 300 South, Philadelphia, PA 19106

Phone: (215) 686-4670

Hours: Monday-Thursday, 9:00 a.m. to 3:00 p.m. (by appointment only)

Jurisdiction: Discrimination occurring within Philadelphia city limits

Note: You may also file with PHRC and/or EEOC. PCHR, PHRC, and EEOC have coordination procedures.

Source: City of Philadelphia
Available at: https://www.phila.gov/departments/philadelphia-commission-on-human-relations/