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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

Mixing FMLA and PWFA leave

We have an employee who has intermittent FMLA leave for migraines. She’s pregnant and calling off for morning sickness. Can we just chalk her time up as FMLA for migraines?

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Cracking down on misuse of intermittent leave

I have an employee who for two years has obtained an intermittent-leave certification for leave of a continuous period of two weeks. I just ask her doctor for the amount of time she needs off, but I’m fairly certain she is taking this as a vacation based on her social media postings. What else can I require of her doctor?

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How do we calculate this exempt employee’s hours worked for FMLA leave purposes?

When considering how many hours an employee is ordinarily working: How do you figure the ordinary working hours of an exempt employee whose actual work is on an as-needed basis and often exceeds standard in-office hours to the point that the employer doesn’t even know for sure how much time that exempt worker is working?

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Detecting, preventing and eliminating drug abuse at work

September is National Recovery Month, highlighting the work being done to help Americans recover from often-devastating addictions to drugs and alcohol. It’s a good time to review your policies on detecting, preventing and eliminating drug abuse in the workplace to make sure you’re doing so the legal way.

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Can we stop offering FMLA leave?

We just fell below 50 employees. Does that mean we don’t have to provide FMLA leave?

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Ensure call-ins state reason for absence

Employees who are absent for an FMLA-covered reason are required to provide employers with enough information in their notice to demonstrate the need for FMLA leave. Most employers expect the employee to call in before the beginning of the shift, mentioning FMLA leave. But what happens if you count the absence against the employee because she only reported that she was ill?

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When to request updated FMLA certification

We have a team member who currently has a certified intermittent FMLA in progress, stating she could have to have up to six episodes for her condition per year. She is having more frequent episodes that are lasting longer than usual and was recently hospitalized for a short time. Should we ask to have an updated certificate of health-care provider done?

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FMLA intermittent leave not limited by certification estimate

As a recent case shows, 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.

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National Guard deployments create employer obligations

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 two federal laws: the Uniformed Services Employment and Reemployment Rights Act and the Family and Medical Leave Act.

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Which laws are keeping HR up at night?

Compliance priorities tell us more than where HR’s attention is focused—they reveal where organizations feel most vulnerable. Brightmine’s State of Legal Compliance and Employment Law 2025 Report highlights the laws that dominate HR’s compliance agenda, and where attention may not match the real risks.

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