The 2026 FMLA Update offers a recap of key FMLA issues over the past year, including case law, tips, tools, and best practices that we source from employment law attorneys and HR experts. Our update points to developments over the prior year as well as notable news in the current year to date.
2025 FMLA Case Law
Family Medical Leave Act guru and employment law attorney Jeff Nowak of Littler posts a key resource for employers, HR professionals, and employment law attorneys on his blog, FMLA Insights. See his post: Pinch Me! The ABA’s Summary of 2025 FMLA Court Decisions Is Now Available for a user-freindly summary. Here’s a direct link to the PDF: ABA’s Summary of 2025 FMLA Cases.
FMLA: The Basics
- Family and Medical Leave Act at DOL
- The Employer’s Guide to The Family and Medical Leave Act – from the Dept Of Labor (DOL)
- FMLA: Forms (DOL)
- FMLA Poster – that meets FMLA posting requirements from DOL
- FMLA Frequently Asked Questions (DOL)
- Paid Family Leave: The Basics – An “explainer” from the Bipartisan Policy Center; updated in September
- The FMLA – A Detailed Review of the Family and Medical Leave Act – Freeman Law
FMLA Update: State Leave Laws
- State Family and Medical Leave Laws – from NOLO.
- Mercer updated their detailed guide to State paid family and medical leave contributions and benefits.
- In March 2026, the National Partnership fr Women & Families released the report:State Paid Leave Programs Cover Nearly One-Third of Workers in the United States
- Paid Leave: State Family and Medical Leave Laws – from the National Conference of State Legislators
FMLA Update: DOL Launches Opinion Letters
In June of 2025, the US Department of Labor launched its opinion letter program across five agencies to expand compliance assistance, saying that “Opinion letters provide official written interpretations from the department’s enforcement agencies, explaining how laws apply to specific factual circumstances presented by individuals or organizations. By addressing real-world questions, they promote clarity, consistency, and transparency in the application of federal labor standards. ”
See the Opinion Letters page, where you can review previously published letters or submit a request for an opinion
Noteworthy Articles and Tips on FLMA Topics
… FMLA Updates from expert legal and HR sources
- Snow Days and the FMLA: DOL Clarifies How Partial-Week Closures Count Toward Leave – Ogletree Deakins
- FMLA Leave Calculation When Employers Close for Weather – Jackson Lewis
- DOL Clarifies Travel To and From Medical Appointments is FMLA Protected – HR Daily Advisor
- Is Travel Time to and from a Medical Appointment Covered by the FMLA? – FMLA Insights
- Remote Workers Under the FMLA – Who is an Eligible Employee? – WyrickRobbins
- Is Your Remote Employee Eligible for FMLA Leave When Working from Home?– FMLA Insights
- DOL Sheds Light on Administering FMLA Leave When an Absence Triggers Both FMLA and State Paid Leave Laws – FMLA Insights
- The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance – Stepson Johnson
- The Cross-Section of Legal Obligations: Where ADA, FMLA & CBAs Overlap – Corporate Compliance Insights
- ADA Meets FMLA: Where They Overlap and Where They Diverge – Ogletree Deakins
- New Guidance on Combining Paid Leave with Family and Medical Leave Act (FMLA) – Fredrikson
- Back to Basics: How to find and fix FMLA abuse without harming employee rights – HR Dive
- 10 Ways Employers Negate Their FMLA Rights – HR Daily Advisor
- Court: FMLA discrimination claims exist – J.J. Keller & Associates
- Employers, Before You Pick Up the Phone to Call an Employee’s Physician, Put it on Hold – FMLA Insights
- An FMLA (Family Medical Leave Act) Blindspot for Employers to Watch – JD Supra