FMLA and FLSA Compliance in 2026: New DOL Opinion Letters and Emerging Risks

Epstein Becker Green

This week, we examine the U.S. Department of Labor’s (DOL’s) recent opinion letters clarifying critical Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) compliance standards, alongside the growing complexity of the state-level paid leave landscape.

While the recent DOL guidance provides long-awaited clarity on FMLA and FLSA compliance, the rapid expansion of state-level paid leave mandates is adding a new layer of regulatory risk.

Key Takeaways for Employers:

• Business Closures: Whether a partial-week business closure can be counted as FMLA leave depends on whether the employee was on FMLA leave for the entire workweek.

• Travel Time: FMLA leave may be used for travel time to and from medical appointments, even if the time is not specified on the medical certification.

• State-Level Leave: Thirteen states and the District of Columbia now have paid leave laws that interact with the FMLA, creating a complex compliance landscape.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Genevieve Murphy-Bradacs discusses what these FMLA clarifications and the patchwork of state laws mean for employers.

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