FMLA

Make it easy to request FMLA leave—or else

05/18/2026

Do you make it as easy as possible for workers to request Family and Medical Leave Act leave? If not, you may want to revamp your process, if a recent federal court decision is any indication.

Worker fired over high-risk pregnancy shows reach of PWFA

03/30/2026

A recently filed lawsuit against Google illustrates the need to train supervisors about their obligations under all pregnancy-related laws, including adjusting expectations when the pregnancy requires such adjustments.

DOL moves forward with new FLSA and FMLA independent contractor regulations

03/09/2026

Andrew Rogers, the Wage and Hour Division administrator, said the 2024 final regs were too restrictive and that the 2026 proposed regs adhere more faithfully to courts’ interpretations of the FLSA. But he also predicted that more workers would be classified as independent contractors if the proposed regs are finalized.

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.