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FMLA Travel Time and Snow Days: What the DOL Just Clarified

"FMLA leave can include reasonable travel time to medical appointments. Medical certifications do not need to micromanage commute estimates. Partial‑week closures do not expand or shrink FMLA entitlements. For intermittent or reduced‑schedule leave, charge only the time the employee would have worked and actually missed -- and nothing more."

FMLA or Not, Performance Still Matters: This Case Shows Why

"A senior account manager took eight and a half days of paid time off to care for a seriously ill daughter and then her mother. She later claimed the company interfered with and retaliated against her Family and Medical Leave Act (FMLA) rights. The Second Circuit affirmed summary judgment for the employer because performance issues were documented before the leave, every leave request was approved, and there was no proof that criticism or the termination decision was tied to her time off." [Haran v. Orange Business Services, Inc., No. 24-2312 (2d Cir. Nov. 25, 2025)]

When an Employee Says 'I Need to Get Home,' You May Already Be in FMLA Territory

"An employee told supervisors that his pregnant spouse's condition was high risk, that she could not drive, and that he needed to get home after his shift to care for her. He twice refused overtime for this reason. No one informed him of his rights under the Family and Medical Leave Act of 1993 (FMLA). The Eleventh Circuit held that a jury could find he was entitled to intermittent FMLA leave, that the employer failed to provide required notices, and that this failure may have led to his termination. The FMLA interference claim survives." [James v. FedEx Freight, Inc., No. 24-12907 (11th Cir. Nov. 7, 2025)]

FMLA Doesn't Protect Poor Performance

"A federal appeals court affirmed summary judgment for the employer on an employee's Family and Medical Leave Act (FMLA) interference and retaliation claims. The court held that the company would have fired him for safety violations regardless of his FMLA leave, which defeated both claims." [Wilkie v. Outokumpu Stainless USA, LLC, No. 24-14109 (11th Cir. Nov. 4, 2025)]

How to Calculate FMLA Leave for Employees with Unusual Work Schedules

"When your employees do not work a standard 9-to-5 schedule, calculating their [FMLA] entitlement can get tricky. [DOL Opinion Letter FMLA2025-02-A] clarifies how to handle it, especially when mandatory overtime and optional extra shifts are part of the mix."

Saying the Quiet Part Out Loud Cost This Employee Her FMLA Case

"The Fifth Circuit recently affirmed summary judgment for an employer in a case where a longtime employee claimed, through one count labeled as FMLA discrimination, interference, and retaliation, that she was fired after taking leave. But she and her doctor admitted she could still perform the functions of her job throughout the leave period. That admission doomed her claim because she was never entitled to FMLA protections in the first place." [Holland v. Texas Christian Univ., No. 25-10567 (5th Cir. Sep. 8, 2025)]

Doctor's FMLA Certification Isn't a Ceiling for Unpredictable Intermittent Leave

"The Sixth Circuit held that a medical certification listing '2 days per month' for sickle cell flare ups was not a hard cap on FMLA leave. In the context of unpredictable intermittent leave, that number is only an approximation. Employers who believe absences exceed the certification must seek recertification, not deny leave." [Jackson v. USPS, No. 25-0231 (6th Cir. Aug. 21, 2025)]

Genetic Information and Employee Wellness: District Court Provides a Compliance Primer

"Two City of Chicago employees sued under GINA, claiming the City's wellness program improperly requested genetic information from them and their spouses. But a federal judge granted summary judgment for the City, finding that neither plaintiff provided evidence the City ever acquired genetic information -- such as family medical history or genetic test results -- as defined by the statute. If your organization offers wellness incentives, this decision is a valuable GINA 101." [Burris v. City of Chicago, No. 20-0420 (N.D. Ill. Jul. 7, 2025)]

Questionable Absences, Point-Based Discipline, and a Hard FMLA Lesson

"A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful." [Walker v. Southeastern Penn. Transp.  Auth., No. 24-2275 (3d Cir. Jul. 8, 2025)]

The FMLA Trap You May Be Walking Into, Even When Fraud Seems Obvious

"This case isn't about whether the employee lied. It's about whether the employer followed the rules. And under the FMLA, suspicion isn't a substitute for process. So if something about the certification seems wrong, slow down, document everything, and follow the steps. That's how you protect your company and stay out of court." [Mook v. City of Martinsville, VA, No. 23-0028 (W.D. Va. Jun. 14, 2024)]