FMLA

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.

DOL opinion letter clarifies intermittent leave usage

10/14/2025

Two Department of Labor opinion letters—one from 2023 and one issued in October 2025—clarify how to calculate how many hours of FMLA leave an employee is eligible for.

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.