FMLA and FLSA Compliance in 2026—New DOL Opinion Letters and Emerging Risks - #WorkforceWednesday® - Employment Law This Week®

This week, we examine the U.S. Department of Labor’s (DOL’s) recent opinion letters clarifying critical Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) compliance standards, alongside the growing complexity of the state-level paid leave landscape:

While the recent DOL guidance provides long-awaited clarity on FMLA compliance, the rapid expansion of state-level paid leave mandates is adding a new layer of regulatory risk.

Key Takeaways for See more +

This week, we examine the U.S. Department of Labor’s (DOL’s) recent opinion letters clarifying critical Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) compliance standards, alongside the growing complexity of the state-level paid leave landscape:

While the recent DOL guidance provides long-awaited clarity on FMLA compliance, the rapid expansion of state-level paid leave mandates is adding a new layer of regulatory risk.

Key Takeaways for Employers:

• Business Closures: When a business closes for part of a week, the closure time does not count as FMLA leave for an employee on a reduced work schedule.

• Travel Time: FMLA leave may be used for travel time to and from medical appointments, even if the time is not specified on the medical certification.

• State-Level Leave: Thirteen states and the District of Columbia now have paid leave laws that interact with the FMLA, creating a complex compliance landscape.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Genevieve Murphy-Bradacs discusses what these FMLA clarifications and the patchwork of state laws mean for employers.

View our complimentary PDF map resource, "Mini-Family and Medical Leave Laws: Are You Up to Speed?": https://www.ebglaw.com/mini-fml

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Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

For the podcast edition, related reading, and more news - and to sign up for email notifications - visit https://www.ebglaw.com/eltw418 See less -

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