Abstract
The purpose of this paper is to examine legal issues concerning the judgement
of returning to telework for people with mental health problems. First, through
the analysis of judicial precedents, if employees with mental health problems offer
returning to telework, the possibilities of reinstatement should be judged in view
of the circumstances of employees and employers. In doing so, an employer’s
excessive burden should consider the size of the business, the employee’s job and
the cost of introducing telework, etc. Then, when employees with mental health
problems take up work again via telework, working conditions may legally adjust
to telework.