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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.

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.

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.

We have an exempt employee who took a block of FMLA leave to care for an ill child. We deducted from her PTO to cover the absences, so she lost no pay. Now she needs intermittent leave each afternoon to take the child for chemo treatments. She is out of PTO. Can we deduct from her salary for the time missed? Or do we have to pay her even though she does not have paid time off remaining?

HR teams are stuck juggling outdated systems, limited staffing and rising employee expectations, while employees are often left unclear on their options, timelines or pay. The fastest path to relief? Use technology to streamline leave from start to finish without losing the human touch.

By now, you likely have heard about the Trump administration’s renewal and expansion of the Payroll Audit Independent Determination program. Employers should know that there is another DOL-sanctioned option that’s especially useful if they’re not quite sure that what they have done is a violation.

Is it acceptable to state: “Employees have seven calendar days to report a covered absence. Absences not reported within seven calendar days can still be counted towards FMLA/ADA/PWFA; however, the employee will be held accountable for failure to report in a timely manner”?

Can we talk about requesting FMLA for mental health needs and if there are any specific requirements for approval for this type of leave request?

Do you have a policy requiring injured workers to be 100% healed before they can return to work? Then get ready to write a big check, either for court-ordered damages or—if your lawyer is smart—to settle a lawsuit before it reaches the courtroom.

Are there recommended strategies or scripts for re-educating employees with open FMLA intermittent leave cases on their responsibilities, especially around call-in procedures and usage restrictions?