FMLA

DOL touts PAID program successes

02/09/2026

The Biden administration nixed the program largely because it allowed employers to avoid penalties and the doubling of unpaid wages the FLSA allows the DOL to assess for violations if only they confessed to their mistakes and told the DOL. PAID is now back and open to employers who want to resolve FLSA problems as well as Family and Medical Leave Act issues.

Court allows trial for worker fired for FMLA abuse

02/02/2026

Consider this scenario, another in a long line of examples showcasing why FMLA intermittent leave poses a major headache for employers but is a law with which they must comply.

DOL issues new FMLA opinion letters

01/26/2026

Last week, we shared with our readers the first set of 2026 opinion letters issued by the Department of Labor (DOL). Those covered tricky questions under the Fair Labor Standards Act. This week, we bring you two more opinion letters covering the Family and Medical Leave Act.

EEOC settlements clarify PWFA/FMLA accommodation obligations

01/20/2026

Revised regulations are expected to come that focus coverage away from expansive interpretations of the PWFA (i.e., requiring accommodations for fertility treatments, menstruation and menopause) and instead focus on the 40 weeks of pregnancy and recovery time. Two recent EEOC settlements highlight that shift.

Performance record essential to defeat FMLA interference claims

01/20/2026

Employers can’t interfere with the right of an employee to take FMLA leave if that employee qualifies. But what if the employee has documented performance problems prior to leave? Can the employer still discipline the employee if that discipline would have been appropriate had the employee not requested leave?

EEOC lawsuit highlights how not to use a point-based absenteeism system

12/22/2025

A recently filed EEOC lawsuit against JCPenney highlights how employers must account for absences under an attendance point system. While such systems cut down on employees whose absence causes scheduling problems, managers and supervisors must be trained on how to handle call-offs that may be covered under the FMLA, ADA and PWFA.

Employers must inform workers they’re eligible for intermittent leave

11/24/2025

The FMLA obligates employers to let workers know how much leave they have available and what happens when they run out. Failing to inform workers about their rights is FMLA interference.

Don’t let FMLA leave requirements dampen the holiday spirit

11/19/2025

Dec. 25 and Jan. 1 fall on Thursdays this holiday season. Thursday holidays usually pressure employers into giving the following Friday off. After all, no employer wants to play the Grinch this holiday season. Thursday holidays, however, don’t eliminate all of the FMLA leave considerations you must address.

New lawsuit highlights difficulty in balancing pregnancy protections

11/10/2025

At least three federal laws provide time off for employees during and following pregnancy—good news for new mothers, bad news for the confusion it causes employers.

Court rules pump breaks non-negotiable: Here’s how employers must comply with federal law

10/27/2025

As the PUMP Act approaches its third anniversary, lawsuits are piling up. A recent big win for a new mother highlights what happens if employers don’t accommodate pumping and then punish that worker when she takes unauthorized pumping breaks.