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.
Our employee has an intermittent FMLA certification that says they may miss work four times per month, one day per episode. The employee has called out on FMLA for the last 18 weeks, except for one. Can we move the employee to another department, with the same hours and pay, where there are more employees to make it easier to cover the absences?
Read MoreYou mentioned that some employers with workers covered under both the FMLA and the PWFA may need to have their leave tracked under both laws. How exactly do we do that? Is the PWFA leave equal to the 12 weeks/480 hours of FMLA leave?
Read MoreIf an employee is on FMLA leave and receives reasonable accommodations, then undergoes another separate procedure before that 12 weeks ends, what are the employer’s obligations to hold that position or provide more accommodations?
Read MoreAs the PUMP Act approaches its third anniversary, lawsuits are piling up. A recent big win for a new mother highlights what happens if employers don’t accommodate pumping and then punish that worker when she takes unauthorized pumping breaks.
Read MoreThe PWFA allows expecting workers to miss work for OB/GYN appointments and such. Does that mean they do not have to use PTO or vacation time for missing work as well?
Read MoreIf a staff member is submitting FMLA paperwork months prior to their due date, do we still need to then submit a letter within five days?
Read MoreWe have an employee who was seen by her physician, diagnosed with COVID and was taken off work for five days. We have her doctor’s note, and we provided her FMLA paperwork as soon as we were notified, but she is refusing to have the FMLA certification completed. Does this qualify as FMLA (under serious health condition), and can we still designate this as FMLA without signed paperwork?
Read MoreTwo Department of Labor opinion letters—one from 2023 and one issued in October 2025—clarify how to calculate how many hours of FMLA leave an employee is eligible for.
Read MoreWe 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?
Read MoreI 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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