News Archive

47 pages; updated Feb. 2026. "Mandates requiring paid leave for an employee's own health condition exist in many states ... [Most of] these jurisdictions also require paid family leave. Voluntary group family leave insurance is now available in [eight states] ... This semiannual GRIST provides a high-level summary of these programs. This particular edition also provides an update on taxation of PFML contributions and benefits."  MORE >>

"An employer terminated an employee for alleged FMLA misuse based primarily on a single call-in conversation, without determining whether the leave was actually used for an FMLA-qualifying purpose. The court denied summary judgment on the retaliation claim, finding that a jury could conclude the employer's decision-making process was 'unworthy of credence.' When FMLA discipline rests on assumptions instead of investigation, summary judgment often disappears." [Pack v. CSX Transportation, Inc., No. 24-0688 (S.D. W.V. Jan. 14, 2026)]  MORE >>

"An employee's medical condition may implicate both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) at the same time, but the two laws use distinct eligibility frameworks and impose different obligations for employers. Understanding the differences between the two laws, and where they overlap, is critical to compliant leave and accommodation administration."  MORE >>

"[1] Determine if you are a covered employer.... [2] Recognize eligibility and qualifying reasons for leave.... [3] Understand the requirements.... [4] Know when you can require employees to provide certification for leave requests.... [5] Notify employees of their rights.... [6] Communicate clearly."  MORE >>

"[W]hen a school closes for part of a week during which an employee uses less than one full week of leave pursuant to the FMLA, the period when the school was closed must not be counted as FMLA leave, unless the employee was scheduled and expected to work during the period and did not.... Conversely, when school is closed for part of a week during which an employee is slated to use a full week of FMLA leave, the entire week may be counted as FMLA leave."  MORE >>

"Under the previous version of the Rules, employees were required to provide 24 hours' notice before taking each day of intermittent PLO leave. OED removed this notice requirement, explaining that the PLO statute does not currently give OED authority to establish it. Requirements for when employees must notify employers of changes to leave dates were also removed for the same reason. Removal of these provisions creates challenges for employers attempting to plan for an employee's use of PLO leave."  MORE >>

"Beginning Feb. 22, 2026, most employers in New York City must provide 32 hours of unpaid sick and safe leave.... [E]mployers must separately track and report paid sick and safe leave, unpaid sick and safe leave, and prenatal leave on pay stubs and maintain related records for at least three years.... Employers that fail to provide required sick and safe leave may be required to restore leave hours and pay $500 per employee per calendar year for each year a noncompliant policy was in effect."  MORE >>

"The emergency declaration triggers the special five-day paid leave requirements and remains in effect until the national emergency has ended.... After the covered employee exhausts accrued sick leave and other available leave, employers must provide up to five additional days of paid sick leave to employees who have influenza or are suspected of having influenza during the emergency."  MORE >>

"One of the most significant and potentially complex changes brought by the amendments is the creation of new job-protection rights for employees who take leave for their own medical condition while receiving Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits.... Employees now have expanded rights to determine which state benefits to use -- and the order in which to use them -- particularly when they qualify simultaneously for paid sick leave, TDI, or FLI benefits. This increased employee choice complicates employer leave administration."  MORE >>

"The Appellate Division affirmed that a concrete supplier's paid leave policy violated several sections of the ESLL, including notice and recordkeeping requirements and providing paid sick leave, and that the company did not fall within the ESLL's 'construction industry' exemption.... This decision clarifies important questions for employers about the ESLL exemptions, the financial risks of noncompliance, and how groups of workers can assert their rights under the statute without the need for a class action." [Cano and Bonelli v. County Concrete Corp., No. A-0056-24 (Sup. Ct. N.J. App. Div. Jan. 28, 2026)]  MORE >>

"Over 81% of employers said that mental health issues increased absences at their workplaces, 50% reported seeing an increase in mental health claims, and 30% admitted to an increase in claims related to postpartum depression. In turn, as more employees take leave based on mental health issues, they are asking employers to provide them with the care and support they need while on leave.... [E]mployers may wish to review their leave policies to improve their workers' leave experiences."  MORE >>

"An expansion of the New York City Earned Safe and Sick Time Act will take effect February 22....[E]mployers in the City will be required to allow employees to use ESSTA leave for these additional reasons: [1] To provide care for a minor child or care recipient. [2] To attend legal proceedings for subsistence benefits or housing. [3] For certain reasons related to a public disaster or workplace violence."  MORE >>

"While Minnesota’s Paid Leave statute covers certain personal safety events (e.g., domestic violence and stalking), it does not include language explicitly providing leave for fear of general civil unrest or public safety threats tied to protests or law enforcement operations."  MORE >>

"Maine's paid family and medical leave (PFML) program will begin paying benefits on May 1, 2026. Employers with at least one employee in Maine began making contributions to the PFML fund in January 2025 through employee payroll deductions and employer contributions. On January 20, 2026, the Maine Paid Family and Medical Leave Benefits Authority announced that the fund was sufficiently solvent to make benefits available to 'most Mainers,' effective May 1, 2026."  MORE >>

"[T]he NJFLA's employer‑coverage threshold will decrease from 30 employees to 15 employees anywhere, reflecting a substantial change for small employers ... Employers newly covered by the statute must implement comprehensive NJFLA processes for the first time, including notice requirements, documentation protocols, anti‑retaliation protections, and reinstatement obligations, before July 17, 2026."  MORE >>

"The new legislation significantly expands the leave-related obligations of New Jersey employers. Moreover, the potential link between TDI and FLI benefits and job restoration introduces uncertainty for employers managing medical leaves that extend beyond current legal entitlements."  MORE >>

"The special leave applies only to non-exempt employees who have used all their regular accrued sick and vacation leave and are still unable to work due to the illness or suspected illness that prompted the emergency (in this case, the flu).... Up to five paid working days are available per eligible employee during the declared emergency."  MORE >>

"Effective January 1, 2026, the Pittsburgh Paid Sick Days Act increased the amount of sick time employers of all sizes must provide to their employees annually. The new ordinance implemented faster accrual rates and increased hour requirements for employees working within the geographic boundaries of the City of Pittsburgh....[T]he Allegheny Paid Sick Days Act has yet to update, making compliance for employers challenging."  MORE >>

"Starting February 22, 2026, employees will be able to use safe/sick leave for additional reasons ... [and] employers must provide all employees and new hires with an additional 32 hours of unpaid sick/safe time.... The expansion of these regulations comes on the heels of the City's amendment to ESSTA regulations that require employers to provide 20 hours of paid prenatal leave to eligible employees."  MORE >>

"This leave provides up to five paid working days for employees who suffer from, or are suspected of suffering from, the illness or epidemic that gives rise to the state of emergency, in this case, the influenza virus, and must have exhausted all leave to which they were entitled. That is, the employee must have exhausted both vacation leave and regular sick leave before being eligible to use this special leave. Employers must ensure that this new paid leave is recognized in applicable cases."  MORE >>

"Employees are now eligible for PFML leave in a given week only if they are absent at least four consecutive scheduled work hours.... The new law changed which employers are covered ... [E]mployers may limit the ability of employees to extend their leave by stacking PFML and FMLA leave ... Employers must now maintain health insurance coverage for all employees who take PFML leave during their period of PFML job protection, as if they were still working."  MORE >>

"Colorado added paid Neonatal Care Leave to its FAMLI program effective January 1, 2026, covering parents of newborns admitted to a neonatal unit or a higher level of care. Eligible parents may take up to 12 weeks of paid Neonatal Care Leave, available only while the newborn remains hospitalized. Neonatal Care Leave is in addition to existing FAMLI benefits."  MORE >>

"Workers reported similar satisfaction with their benefits package as in prior years, with top suggestions for improvement being a greater employer contribution and more flexibility of benefits to choose from.... Workers were somewhat open to using artificial intelligence (AI) as a tool to help navigate benefits and finances, but significant shares were skeptical."  MORE >>

"Effective Feb. 22, 2026, employers must frontload at least 32 hours of unpaid ESSTA leave upon hire and on the first day of each calendar year. This unpaid ESSTA leave is in addition to existing paid ESSTA leave accruals that apply to all employees (one hour of safe/sick leave for every 30 hours worked up to 40 or 56 hours, depending on employer size).... In addition to adding more ESSTA leave, the amended law broadens covered uses for paid and unpaid ESSTA."  MORE >>

"When the amendments take effect in six months, thousands of currently exempt small employers will be required to grant employees twelve weeks of annual job-protected family leave, and, seemingly, both large and small employers alike will be required to grant job-protected medical leave, creating an entirely new state law leave entitlement."  MORE >>