FMLA

Lawsuits over pregnancy accommodations pile up

09/22/2025

Lawsuits over pregnancy accommodations of all kinds are hitting the legal system less than three years after two bipartisan bills passed Congress and were signed into law. This month, two new lawsuits highlight the requirements of both laws and demonstrate that employers remain unsure of their obligations.

FMLA intermittent leave not limited by certification estimate

09/02/2025

Employees with intermittent leave certifications for serious health conditions that may flare up from time to time are entitled to more time off than the estimate. Holding an employee strictly to the certification and terminating that employee for missing more work may backfire badly.

National Guard deployments create employer obligations

09/02/2025

As the White House deploys National Guard units to cities like Los Angeles and Washington, D.C., in increasing numbers, now is a good time for employers to review their obligations under the Uniformed Services Employment and Reemployment Rights Act and the Family and Medical Leave Act.

A half-hour absence = 7 years of FMLA fallout

07/09/2025

Pregnancy-related absences deserve thoughtful handling, not timecard traps that end careers.

Extended leave for disabled spouse? Maybe

07/09/2025

Under the ADA, there’s no obligation to reasonably accommodate a spouse’s illness. But a recent case in California under that state’s ADA equivalent may portend a trend.

Discover work mistakes during FMLA? Here’s what to do

06/23/2025

Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case.

Late paperwork subject to reasonable accommodation

06/09/2025

Generally, when an employee doesn’t return medical certification paperwork required to begin FMLA leave within 15 days, employers can deny the leave request. But there are circumstances under which the employee may have more time.

House legislation would expand paid family leave

05/19/2025

A bipartisan group of members of Congress have introduced two pieces of legislation that would expand access to paid family leave. The product of two years of work by the House Paid Family Leave Working Group, the twin initiatives would facilitate federal support of state programs.

Cure intermittent leave headaches by relying on FMLA certification

05/05/2025

Unfortunately, intermittent FMLA leave is easy for employees to abuse. Fortunately, the FMLA certification documentation that employees must provide is the key to easing the HR headaches that intermittent leave often causes.

Never require work during military FMLA leave

03/24/2025

Employers may be tempted to push back against employees’ FMLA military caregiver leave rights, asking them to continue working when they can despite caring for their military family members. That’s an FMLA-interference lawsuit waiting to happen.