Texas Return to Office Mandate 2026

What is Texas’s return to office mandate?

Texas’s return to office mandate refers to Governor Greg Abbott’s March 2025 directive requiring state agencies to end telework policies and bring state employees back to the office full-time. The directive applied exclusively to Texas state agencies and state employees—not private sector employers.

Following employee and agency concerns about implementation, the Texas Legislature passed House Bill 5196 in May 2025 (signed June 2025, effective September 1, 2025), which establishes a comprehensive framework allowing state agency heads to develop telework policies under specific conditions, including addressing office space limitations or providing flexibility that enhances agency mission achievement.

Sources:

• Governor’s office statements (March 2025)
• House Bill 5196 (89th Legislature, 2025)
• Available at: https://capitol.texas.gov/tlodocs/89R/billtext/pdf/HB05196I.pdf

Does Texas’s RTO mandate apply to private employers?

No. Governor Abbott’s return to office directive and House Bill 5196 apply only to Texas state agencies and state employees. Private sector employers are not covered by these mandates.

Private employers in Texas operate under the at-will employment doctrine and may establish their own workplace policies, including work location requirements, subject to:

• Anti-discrimination laws (Texas Labor Code Chapter 21 and federal laws)
• Reasonable accommodation requirements under the ADA
• Existing employment contracts or collective bargaining agreements
• Anti-retaliation protections

Private employers have the authority to implement return-to-office policies, but must comply with all applicable employment laws when doing so.

Sources:

• House Bill 5196 scope (state agencies only)
• Texas at-will employment doctrine
• Available at: https://efte.twc.texas.gov/pay_and_policies_general.html

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

Under Texas’s at-will employment doctrine, private employers generally have the authority to establish work location requirements and change work arrangements, including ending remote work and requiring employees to return to the office.

According to the Texas Workforce Commission:

“Under the employment at will doctrine, an employer can change an employee’s hours with or without notice.”

This principle applies to work location changes as well.

Exceptions and protections:

1. Employment contracts: If you have a written employment contract specifying remote work, your employer must honor those terms
2. Collective bargaining agreements: Union contracts may include provisions protecting remote work arrangements
3. Reasonable accommodations: If you have a disability requiring remote work as an accommodation, employers must engage in the interactive process
4. Discrimination protections: Employers cannot selectively apply return-to-office policies based on protected characteristics
5. Retaliation protections: Employers cannot retaliate against employees for requesting accommodations or filing complaints

If your employer implements a return-to-office policy that you believe violates accommodation requirements or anti-discrimination laws, consult with an employment attorney or contact the Texas Workforce Commission Civil Rights Division.

Sources:

• Texas at-will employment doctrine
• Texas Labor Code Chapter 21
• Available at: https://efte.twc.texas.gov/work_schedules.html

What are my accommodation rights under Texas law?

Texas Labor Code Chapter 21 requires employers with 15 or more employees to provide reasonable accommodations for disabilities, parallel to the federal Americans with Disabilities Act (ADA). Employers must also provide reasonable accommodations for sincerely held religious beliefs.

Reasonable accommodations may include:

• Modifications to work schedules
• Workplace modifications or adjustments
• Modified or adjusted policies
• Remote work or telework arrangements (when appropriate)
• Reassignment to a vacant position
• Auxiliary aids or services

The accommodation process:

1. Request: Employee notifies employer of need for accommodation due to disability or religious belief
2. Interactive process: Employer and employee engage in good-faith dialogue about limitations and possible accommodations
3. Evaluation: Employer determines if accommodation is reasonable and does not cause undue hardship
4. Implementation: If approved, accommodation is implemented and monitored

Undue hardship: Employers are not required to provide accommodations that would cause significant difficulty or expense relative to the employer’s size, resources, and operations.

Protection from retaliation: Employers cannot retaliate against employees for requesting accommodations.

Sources:

• Texas Labor Code Chapter 21
• Americans with Disabilities Act
• Available at: https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm and https://www.eeoc.gov

How do I file a discrimination complaint in Texas?

To file an employment discrimination complaint in Texas, you can file with either the Texas Workforce Commission Civil Rights Division or the EEOC (or both through automatic dual-filing).

Texas Workforce Commission Civil Rights Division:

Deadline: 180 days from the discriminatory act

Requirements:

• Work location in Texas
• Employer has 15+ employees
• Discrimination based on protected class (race, color, national origin, religion, sex, age 40+, disability)

How to file:

1. Online: Employment Discrimination Inquiry Submission System (EDISS) at https://www.twc.texas.gov/programs/civil-rights/employment-discrimination
2. By mail: Texas Workforce Commission, Civil Rights Division, 101 E. 15th Street, Guadalupe CRD, Austin, TX 78778-0001
3. In person: 1215 Guadalupe Street, Austin, TX 78701

Contact: 512-463-2642 or 888-452-4778 (in Texas)

EEOC (Federal):

Deadline: 300 days from the discriminatory act (for states with FEPA agreements like Texas)

Note: When you file with TWC-CRD, your complaint is automatically dual-filed with the EEOC due to a worksharing agreement.

How to file:

1. Online: EEOC Public Portal at https://publicportal.eeoc.gov
2. By phone: 1-800-669-4000
3. In person: Visit Dallas, Houston, or San Antonio EEOC office

What to expect:

• Initial review of your complaint
• Mediation invitation (voluntary)
• Investigation if mediation declined or unsuccessful
• Determination (cause, no cause, or dismissal)
• Right to sue letter if pursuing court action

Sources:

• Texas Workforce Commission: https://www.twc.texas.gov/jobseekers/how-submit-employment-discrimination-complaint
• EEOC: https://www.eeoc.gov

Can I request remote work as a reasonable accommodation?

Yes, you may request remote work as a reasonable accommodation if you have a disability that requires this accommodation, though employers are not automatically required to grant it.

When remote work may be a reasonable accommodation:

According to EEOC guidance, remote work may be a reasonable accommodation when:

• The employee’s disability prevents them from commuting or working on-site
• Essential job functions can be performed remotely
• The accommodation does not cause undue hardship to the employer
• Remote work would be effective in allowing the employee to perform essential functions

The process:

1. Request the accommodation: Inform your employer you need remote work due to a disability
2. Provide medical documentation: Employer may request documentation from a healthcare provider
3. Engage in interactive process: Discuss your limitations and how remote work addresses them
4. Employer evaluation: Employer determines if remote work is feasible without undue hardship
5. Implementation or alternative: If approved, remote work is implemented; if denied, employer should suggest alternative accommodations

Important considerations:

• Employers must engage in the interactive process in good faith
• Employers must consider remote work but are not automatically required to provide it if it causes undue hardship
• Job functions that require in-person presence may not be suitable for remote work accommodation
• Employers cannot deny accommodation requests without evaluation

If your request is denied:

You may file a discrimination complaint with the Texas Workforce Commission Civil Rights Division or EEOC if you believe the denial was improper or discriminatory.

Sources:

• EEOC Enforcement Guidance on Reasonable Accommodation
• Americans with Disabilities Act
• Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

What is Texas Labor Code Chapter 21?

Texas Labor Code Chapter 21 is Texas’s primary employment anti-discrimination statute, originally known as the Texas Commission on Human Rights Act.

Coverage: Employers with 15 or more employees

Protected Classes:

• Race
• Color
• Disability
• Religion
• Sex
• National origin
• Age (40 and older)

Prohibited practices:

According to Texas Labor Code § 21.051, employers commit unlawful employment practices if they discriminate in:

• Hiring, firing, or refusal to hire
• Compensation
• Terms, conditions, or privileges of employment
• Limiting, segregating, or classifying employees in ways that deprive employment opportunities

Retaliation protection:

Texas Labor Code § 21.055 prohibits retaliation against employees who:

• Oppose discriminatory practices
• File charges or complaints
• Testify or participate in investigations

Accommodation requirements:

The statute requires reasonable accommodations for disabilities and religious practices unless such accommodations cause undue hardship.

Enforcement:

Texas Workforce Commission Civil Rights Division enforces Chapter 21 through:

• Investigation of complaints
• Mediation services
• Conciliation
• Issuance of findings and right-to-sue letters

Remedies:

Successful complainants may be entitled to:

• Back pay
• Reinstatement
• Compensatory damages
• Injunctive relief
• Attorney’s fees and costs

Sources:

• Texas Labor Code Chapter 21
• Available at: https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm
• Enforced by: Texas Workforce Commission Civil Rights Division

Where do I file an EEOC complaint in Texas?

Texas has four EEOC offices where you can file discrimination complaints:

Dallas District Office

Address: 207 S. Houston Street, 3rd Floor, Dallas, TX 75202
Phone: 972-918-3580 or 1-800-669-4000
Hours: Monday-Friday, 8:00 a.m. – 3:30 p.m.
Website: https://www.eeoc.gov/field-office/dallas

Houston District Office

Address: Mickey Leland Building, 1919 Smith Street, 6th Floor, Houston, TX 77002
Phone: 1-800-669-4000
Hours: Monday-Friday, 8:00 a.m. – 4:30 p.m.
Walk-in: Monday, Tuesday, Thursday, 8:00-10:00 a.m.
Website: https://www.eeoc.gov/field-office/houston

San Antonio Field Office

Address: Legacy Oaks, Building A, 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229
Phone: 1-800-669-4000
Hours: Monday-Friday, 8:00 a.m. – 3:30 p.m.
Website: https://www.eeoc.gov/field-office/sanantonio

El Paso Area Office

Contact: 1-800-669-4000 for information

Online filing:

You can also file through the EEOC Public Portal:
https://publicportal.eeoc.gov

Important notes:

• Scheduling an appointment is strongly recommended
• Walk-ins are accepted but appointments have priority
• TTY available: 1-800-669-6820
• ASL Video Phone: 1-844-234-5122
• Deadline: 300 days from discriminatory act in Texas

Dual-filing: When you file with Texas Workforce Commission Civil Rights Division, your complaint is automatically filed with EEOC.

Sources:

• EEOC Field Office Directory
• Available at: https://www.eeoc.gov/field-office

What is at-will employment in Texas?

At-will employment is the default employment relationship in Texas, meaning the employment relationship exists by mutual agreement of both employer and employee, and either party may end the relationship at any time for any legal reason.

According to the Texas Workforce Commission:

“Texas, however, is as an ’employment at will’ state. This means that the employment relationship between employer and employee exists by the agreement of both parties. This gives the employee the right to quit at any time or for the employer to terminate the employee at any time and for any legal reason.”

Key aspects:

For employers:

• May terminate employees at any time for any legal reason
• May change employment terms (pay, hours, location) without advance notice
• May modify policies and procedures
• Not required to provide advance notice of termination (unless specified by contract)

For employees:

• May resign at any time without notice
• May leave for any reason
• Not obligated to remain with employer

Exceptions to at-will employment:

1. Discrimination: Cannot terminate or change terms based on protected characteristics (race, color, religion, sex, national origin, age 40+, disability)
2. Retaliation: Cannot terminate for engaging in protected activities (filing complaints, requesting accommodations)
3. Contracts: Written employment contracts may modify at-will relationship
4. Collective bargaining agreements: Union contracts establish specific terms
5. Public policy: Cannot terminate for refusing to commit illegal acts
6. Good faith and fair dealing: Some limited exceptions recognized in Texas courts

Practical implications for return to office:

Under at-will employment, employers may generally require employees to return to the office and end remote work arrangements, subject to:

• Reasonable accommodation requirements
• Anti-discrimination protections
• Anti-retaliation provisions
• Existing contracts or agreements

Sources:

• Texas Workforce Commission
• Texas common law
• Available at: https://efte.twc.texas.gov/pay_and_policies_general.html

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

There are significant differences between how return to office requirements apply to Texas state employees versus private sector employees.

State Employees:

Governed by:

• Governor’s directives
• House Bill 5196 (effective September 1, 2025)
• State agency policies
• Texas Government Code Chapter 658

Key requirements:

• State agency heads may authorize telework for office space limitations or mission enhancement
• Telework agreements must be in writing
• Must specify reasons for authorization
• Must be renewed annually
• Can be revoked at any time without notice
• Cannot be offered as condition of employment
• Agencies must publish telework plans online

Timeline:

• March 2025: Governor directed agencies to end telework
• March 31, 2025: Many agencies implemented return to office
• September 1, 2025: HB 5196 framework became effective

Private Sector Employees:

Governed by:

• At-will employment doctrine
• Employer policies
• Employment contracts (if applicable)
• Collective bargaining agreements (if applicable)
• Anti-discrimination laws

Key aspects:

• No state mandate for return to office
• Employers set their own policies
• May change work location requirements under at-will employment
• Must comply with accommodation requirements
• Must not discriminate based on protected characteristics
• Must honor existing contracts

Common requirements for both:

Regardless of public or private employment, employers must:

• Comply with anti-discrimination laws (Texas Labor Code Chapter 21, federal laws)
• Provide reasonable accommodations for disabilities
• Not retaliate against employees for protected activities
• Engage in interactive process for accommodation requests

Key Differences:

Mandate Source:

• State Employees: Governed by Governor’s directive and HB 5196
• Private Sector: No mandate; employers set their own policies

Legal Framework:

• State Employees: Texas Government Code Chapter 658
• Private Sector: At-will employment doctrine; employment contracts (if applicable)

Telework Authority:

• State Employees: Agency head has discretion under HB 5196 framework
• Private Sector: Employer has full discretion

Written Agreements:

• State Employees: Required for all state telework arrangements
• Private Sector: Not required unless specified in employment contract

Public Disclosure:

• State Employees: Agencies must publish telework plans on public websites
• Private Sector: No public disclosure requirement

Revocation Terms:

• State Employees: May be revoked at any time without notice under HB 5196
• Private Sector: Subject to at-will employment; can be changed at employer’s discretion

Anti-Discrimination Protections:

• State Employees: Texas Labor Code Chapter 21 and federal laws apply
• Private Sector: Texas Labor Code Chapter 21 and federal laws apply (same protections)

Accommodation Rights:

• State Employees: ADA and Texas law requirements apply
• Private Sector: ADA and Texas law requirements apply (same rights)

Sources:

• House Bill 5196
• Texas at-will employment doctrine
• Texas Labor Code Chapter 21
• Available at: https://capitol.texas.gov/tlodocs/89R/billtext/pdf/HB05196I.pdf

When did Texas’s return to office requirement take effect?

The timeline for Texas’s return to office requirement varies by context:

For State Employees:

March 2025: Governor Abbott’s office directed state agency heads to end telework policies and require full-time in-office work “as soon as practicable”

March 31, 2025: Primary implementation date for many state agencies

• Texas Workforce Commission
• Texas Department of Transportation
• Texas Department of Licensing and Regulation (Austin staff)
• Multiple other agencies

March 17, 2025: Deputy Directors at some agencies (earlier deadline)

Phased implementation: Some agencies (e.g., Texas Commission on Environmental Quality) implemented over several months

September 1, 2025: House Bill 5196 became effective, establishing formal telework framework for state agencies

For Private Sector:

There is no effective date for private employers because Texas has not enacted return-to-office requirements for the private sector. Private employers may implement their own policies at their discretion under at-will employment principles.

Sources:

• Agency emails and announcements (March 2025)
• House Bill 5196 (effective September 1, 2025)
• Multiple news reports (Texas Tribune, KVUE, FOX 7 Austin)

What exceptions exist to Texas’s RTO mandate for state employees?

Under House Bill 5196, which became effective September 1, 2025, state agencies may authorize telework under specific conditions.

Permissible reasons for telework:

According to Texas Government Code § 658.011, as amended by HB 5196:

1. Office space limitations: To address lack of available office space for the agency
2. Mission enhancement: To provide reasonable flexibility that enhances the agency’s ability to achieve its mission

Telework agreement requirements:

• Must be in writing
• Must include reasons telework is being authorized
• Must state terms under which agreement may be revoked
• Must be renewed at least once each year
• May be revoked at any time without notice
• Cannot be offered as condition of employment

Agency discretion:

Each state agency head has discretion to determine:

• Which positions are eligible for telework
• What specific circumstances justify telework
• Performance standards for teleworkers
• Monitoring and evaluation criteria

Limited exceptions noted in March 2025:

When agencies initially implemented the Governor’s directive in March 2025, some indicated “very limited exceptions” would be available, with parameters to be finalized. These exceptions were not comprehensively defined in public communications but may have included:

• Field work positions
• Positions requiring specialized remote equipment
• Documented medical accommodations
• Specific operational needs

Reasonable accommodation:

Separate from agency telework policies, employees with disabilities may request remote work as a reasonable accommodation under the ADA and Texas Labor Code Chapter 21, subject to the interactive process and undue hardship analysis.

Sources:

• House Bill 5196
• Texas Government Code § 658.011
• Available at: https://capitol.texas.gov/tlodocs/89R/billtext/pdf/HB05196I.pdf

Is there pending RTO legislation for private employers in Texas?

As of December 22, 2025, there is no pending legislation in Texas that would mandate return-to-office requirements for private sector employers.

Legislative review:

Search of the Texas Legislature website (https://capitol.texas.gov) for the 89th Legislative Session (2025) reveals:

• No bills filed addressing private sector return-to-office mandates
• No bills regulating private employer telework policies
• No bills restricting private employer remote work arrangements

Existing legislation:

The only recent relevant legislation is House Bill 5196, which:

• Applies exclusively to state agencies and state employees
• Does not extend to private employers
• Establishes telework framework for state government only
• Effective September 1, 2025

Monitoring for changes:

To monitor potential future legislation:

Texas Legislature website:
https://capitol.texas.gov

Search methods:

• Bill search by keywords: “remote work”, “telework”, “return to office”
• Monitor committee activity: House State Affairs, Senate Business & Commerce
• Review legislative session updates

Current status:

Private employers in Texas continue to operate under:

• At-will employment framework
• No state-mandated return-to-office requirements
• Authority to establish own workplace policies
• Obligation to comply with anti-discrimination and accommodation laws

Sources:

• Texas Legislature bill search
• House Bill 5196 scope
• Available at: https://capitol.texas.gov

How does Texas regulate remote work for private employers?

Texas does not have specific statutes or regulations governing remote work arrangements for private sector employers. Private employers have broad discretion to establish remote work policies under the at-will employment framework.

No specific remote work regulations:

Texas has not enacted laws that:

• Mandate remote work availability
• Prohibit remote work arrangements
• Establish remote work standards for private employers
• Require remote work policies or procedures
• Dictate terms of remote work agreements

Applicable general employment laws:

While Texas doesn’t specifically regulate remote work, private employers must comply with general employment laws that apply regardless of work location:

Employment discrimination laws:

• Texas Labor Code Chapter 21
• Title VII, ADA, ADEA, GINA
• Prohibition on discrimination based on protected characteristics

Wage and hour laws:

• Fair Labor Standards Act (FLSA)
• Texas Payday Law (Texas Labor Code Chapter 61)
• Minimum wage and overtime requirements

Workers’ compensation:

• Remote workers covered by workers’ compensation
• Work-related injuries apply regardless of location

Workplace safety:

• OSHA requirements may apply to home workspaces for certain safety concerns

Reasonable accommodation:

• ADA requirements apply to remote work requests as potential accommodation
• Interactive process required

At-will employment:

Under Texas’s at-will employment doctrine:

• Employers may establish remote work policies
• Employers may modify or end remote work arrangements
• Employees may request remote work but have no automatic right to it
• Changes must comply with discrimination and accommodation laws

Best practices for employers:

While not required by law, employers may benefit from:

• Written remote work policies
• Clear eligibility criteria
• Performance standards
• Equipment and reimbursement procedures
• Cybersecurity protocols
• Regular policy reviews

Sources:

• Texas at-will employment doctrine
• Texas Labor Code
• Federal employment laws
• Available at: https://efte.twc.texas.gov/pay_and_policies_general.html

What resources are available for understanding my rights?

Multiple government agencies and organizations provide resources for understanding employment rights in Texas:

Texas Workforce Commission

Civil Rights Division:

• Website: https://www.twc.texas.gov/programs/civil-rights
• Phone: 512-463-2642 / 888-452-4778 (in Texas)
• Resources: Employment discrimination information, filing procedures, training

General Information:

• Website: https://www.twc.texas.gov
• Phone: 512-463-2222 / 800-628-5115
• Resources: Labor law guidance, wage and hour information, employee rights

U.S. Equal Employment Opportunity Commission

Texas Offices: Dallas, Houston, San Antonio, El Paso
National Contact: 1-800-669-4000
Website: https://www.eeoc.gov
Public Portal: https://publicportal.eeoc.gov

Resources:

• Federal anti-discrimination law guidance
• ADA information and accommodation guidance
• Filing procedures and forms
• Fact sheets and publications

Job Accommodation Network (JAN)

Website: https://askjan.org
Phone: 1-800-526-7234
Resources: Free accommodation consultation and ideas

State Bar of Texas

Website: https://www.texasbar.com
Lawyer Referral Service: Available through county bar associations
Resources: Attorney referrals for legal advice

Legal Aid Organizations

Multiple legal aid organizations serve Texas residents:

• Texas RioGrande Legal Aid
• Lone Star Legal Aid
• Legal Aid of NorthWest Texas

Search: Texas Legal Services Directory

Texas Public Employees Association (for state employees)

Website: https://tpea.org
Resources: State employee advocacy, legislative updates, benefits

Texas State Employees Union (for state employees)

Organization: CWA Local 6186
Resources: Union representation, workplace advocacy

Department of Labor Resources

Website: https://www.dol.gov
Resources: Federal wage and hour laws, FMLA, workplace safety

Important Note:

Government agencies provide information and enforcement, not legal advice. For advice specific to your situation, consult a licensed employment attorney in Texas.

Sources:

• Agency websites and contact information
• Available through links provided above