News Archive

"[1] FMLA and ADA overlap but serve different purposes ... [2] Why the ADA interactive process is required for accommodation requests ... [3] Rigid leave policies can create ADA liability ... [4] Why documentation is critical for FMLA and ADA compliance ... [5] When to err on the side of caution under FMLA and ADA."  MORE >>

"Employers in Delaware with 10 or more eligible employees must submit required hours and wage reports to the [DOL] by the end of a 90-day grace period on Tuesday, March 31, in order for workers to receive benefits through the state's Paid Leave program, which began Jan. 1.... [A]bout 6,000 employers in Delaware fit that requirement and noted the reports are quarterly for all of 2025 and are typically due 30 days after the end of each quarter."  MORE >>

34 pages; Mar. 19, 2026. "What's New ... [1] New box 10, 'Family leave benefits,' was added to Form 1099-G to facilitate the reporting of family leave benefits paid by state paid family and medical leave programs.... [2] Form 1099-R ... was revised to include new check boxes 7b for IRA, SEP, and SIMPLE plans, check box 7c for Trump Account reporting, and new box 7d for reporting earnings on excess contributions.... [3] Form 5498-TA, Trump Account Contribution Information, and Form 1099-LPS, Long-Term Care Premiums Paid Statement, are currently under development and projected to be released in mid-2026 for tax year 2026/filing season 2027."  MORE >>

"Recent Massachusetts case law confirms that Massachusetts Paid Family and Medical Leave (PFML) obligations run only to the employer entity, not to individual executives or managers ... Courts have also clarified that PFML does not require continued accrual of vacation, sick time, or service credit during leave, so long as benefits earned before leave are preserved and employees are fully reinstated when they return. For organizations administering paid leave across multiple jurisdictions, these rulings highlight the need for clear and consistent policies and careful attention to state‑specific differences."  MORE >>

"Virginia Governor Spanberger is expected to sign legislation that would expand paid sick leave to all public and private employees. The paid sick leave legislation would mandate one hour of paid sick leave for every thirty hours worked, with an annual accrual cap of forty hours, and includes provisions that could create challenges for employers, such as limited notice requirements and transfer of accrued leave. The paid family and medical leave bills would establish a payroll-funded insurance program, providing qualifying employees with up to twelve weeks of paid leave at 80 percent of their average weekly wage, with contributions split between employers and employees."  MORE >>

"The bill ... adjusts how the premium is split between medical leave and family leave for employers participating in the state program: Employers will now be able to deduct the full employee share of the medical leave premium. For the family leave premium, employers may deduct up to an amount equal to the total family leave premium plus 45% of the medical leave premium, minus the full medical leave premium."  MORE >>

"Months after taking approved leave for the birth of his child, the resident skipped a shift to attend a job interview, failed to follow call-out procedures, and sent a contemptuous email to his chief resident when asked about the absence. The chief resident issued a written reprimand and referred the matter to a disciplinary committee, which later suspended him for two weeks for unprofessional conduct. Even assuming the resident could establish a prima facie case of FMLA retaliation, the court held that he failed to show the program's explanation for the discipline was pretext." [Adefurin v. Meharry Medical College, No. 25-5610 (6th cir. Mar. 3, 2026; unpub.)]  MORE >>

"[T]he Seventh Circuit confirmed that employers can and should act decisively on documented misconduct, even when timing appears suspicious ... The case reminds employers they need not tolerate an employee's misconduct simply because an employee recently engaged in protected activity, provided the corrective action is based on legitimate, documented business reasons unrelated to the protected activity." [Shirk v. Trustees of Indiana Univ., No. 22-3212 (7th Cir. Feb. 12, 2026)]  MORE >>

"The TTCA is still moving forward, but no contributions or payroll deductions are required until January 1, 2027. No employee benefits will be available until January 2028.... [F]orthcoming final COMAR regulations ... will clarify private plan standards, contribution mechanics, claims handling, and employer responsibilities. Early preparation, especially around systems, payroll, benefits integration, determining covered employees for contribution purposes, and employee communications, will make the transition smoother."  MORE >>

"There are several potential minefields employers must watch out for when considering state paid family medical leave programs ... With an expanding remote workforce, employers must ensure they know the laws in the state where the employee works. In some instances, employees may even work in more than one state during the course of a given year."  MORE >>

"The decision highlights key differences between the PFML and other laws covering Massachusetts employers, and holds that, unlike statutes that expressly permit claims against individual corporate officers and agents, the PFML limits liability to the employer entity itself."  [Laughlin v. BinStar, Inc. (Delaware), No. 2584CV01816 (Mass. Super. Ct. Feb. 26, 2026)]  MORE >>

"The Oregon Bureau of Labor and Industries recently updated its rules to reflect the new qualifying reason employees may use sick leave: time off to donate blood in connection with a voluntary program that is approved or accredited by the American Association of Blood Banks or the American Red Cross. This new qualifying reason was added effective January 1, 2026."  MORE >>

"[T]he employer required employees to report intermittent FMLA absences the same day they occurred. The employee did not do that. Instead, she tried to report the absences the day after she was fired. The retaliation claim failed for the same basic reason. The evidence showed the termination was based on her failure to return to work when instructed, not on her earlier use of FMLA leave. As the court observed, the record told a simple story -- the employer terminated the employee for an unexcused absence." [Chitwood v. Ascension Health Alliance, No. 25-1933 (7th Cir. Mar. 3, 2026)]  MORE >>

"[Rev. Rul. 2025-4] outlines the federal income tax withholding and reporting obligations for employers with respect to state-run PFML programs.... IRS issued Notice 2026-6, delaying the compliance deadline until 2027 for some of the most complicated aspects of Rev. Rul. 2025-4.... [T]he extension applies to withholding and reporting obligations in connection with medical leave benefits paid by a state that are attributable to employer contributions."  MORE >>

"[E]mployers will be required to provide additional paid leave and unpaid leave to all employees, including new employees upon hire with no probation period By March 8, employers are required to revise policies and procedures to comply, and must also physically post and distribute an updated notice of employee rights to current employees and new hires"  MORE >>

"The new rules, which take effect on July 17, 2026, will expand the employers covered under the NJFLA and the employees eligible for job-protected leave. The new law also amends the Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) laws to provide job protection for individuals receiving these benefits."  MORE >>

"[T]he co-founder and former CEO of a discount retail business asserted claims against both the retail business as well as former board members and directors individually, alleging that they violated the PFMLA by repeatedly contacting him while he was on protected medical leave and demanding he perform work.... The Court compared the definition of 'employer' under the PFMLA against the definition in the Massachusetts Wage Act, and ultimately held that the PFMLA did not extend liability to a corporate employer's officers or agents." [Jackson Laughlin v. BinStar, Inc. (Delaware), No. 2584CV01816 (Mass. Super. Ct. Feb. 26, 2026)]  MORE >>

"According to [DOL's FAB 2023-1], to determine whether the remote worker works at a worksite with at least 50 employees employed within a 75-mile radius, the employer should consider the physical office where the employee reports or receives assignments. In other words, for FMLA purposes, the employee's home is not considered a worksite. This means that employers cannot deny FMLA leave by considering the employee's residence as the worksite and counting the number of employees who work there as one."  MORE >>

"The DCWP's FAQs provide guidance and clarity on a number of outstanding questions ... Employers cannot provide a prorated amount of immediately available hours when an employee is hired partway through a calendar year.... When an employee has both paid and unpaid protected time off available for use, the employer should provide paid protected time off to cover absences, unless the employee specifies the preference to use unpaid protected time off instead."  MORE >>

"On Friday, February 20, 2026, New York City Mayor Zohran Mandami announced that the DCWP 'launched an enforcement blitz' by sending letters to more than 56,000 employers across the city. A press release hailing a 'new data-driven enforcement strategy' emphasized that violating the law will subject employers to civil penalties ranging from $250 to $2,500 per employee, in addition to damages such as back pay."  MORE >>

"[A] single PTO policy simplifies administration by avoiding different accrual, usage, carryover, and notice rules across jurisdictions. But that convenience can quickly become a liability when the policy isn’t designed around the laws of the jurisdictions where their employees work."  MORE >>

35 pages; Feb. 27, 2026. "What's New ... [1] New box 10, 'Family leave benefits,' was added to Form 1099-G to facilitate the reporting of family leave benefits paid by state paid family and medical leave programs.... [2] Form 1099-R ... was revised to include new check boxes 7b for IRA, SEP, and SIMPLE plans, check box 7c for Trump Account reporting, and new box 7d for reporting earnings on excess contributions.... [3] Form 5498-TA, Trump Account Contribution Information, and Form 1099-LPS, Long-Term Care Premiums Paid Statement, are currently under development and projected to be released in mid-2026 for tax year 2026/filing season 2027."  MORE >>

"The FAQs clarify that, as of February 22, 2026, employers must provide thirty-two hours of unpaid safe and sick leave for immediate use to all current employees, in addition to new hires. Additionally, employers must provide another bank of thirty-two hours of unpaid protected time off on the first day of the employers' calendar year. The FAQs also clarify that employers cannot provide a prorated amount of immediately available hours when an employee is hired partway through the calendar year."  MORE >>

146 pages. "The Department is proposing to rescind the analysis for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) currently set forth in 29 CFR part 795 and replace it with the analysis that it published and adopted in a prior final rule dated January 7, 2021, with a few modifications. In addition, the Department proposes to apply this analysis to the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA), both of which incorporate the FLSA's scope of employment."  MORE >>

"Employers must post the updated Notice of Rights and provide it to existing employees in English and any language spoken as a primary language by at least 5% of the workforce ... As of February 22, employers must provide employees with 32 hours of unpaid protected time off, available immediately. New hires must also receive 32 hours of immediately available protected time off.... Paid prenatal leave must be provided as a separate bank and cannot be satisfied by more generous sick leave or PTO policies."  MORE >>