Two different HR questions triggered two formal FMLA opinion letters this week – and both answers will feel uncomfortably familiar to the employers they affect.

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six new opinion letters in total, addressing a mix of FMLA and FLSA issues. One addresses a routine leave-administration issue faced by virtually all employers; the other zeroes in on a recurring leave-accounting problem unique to school employers. This post covers the two FMLA letters and kicks off a three-part series unpacking what employers should take from the full batch. Neither answer here is surprising. Both are easy to get wrong. Continue reading

When criticism stays focused on performance, and not on leave, employers are on stronger footing. This decision shows how that plays out. Continue reading

When your employees do not work a standard 9-to-5 schedule, calculating their Family and Medical Leave Act (FMLA) entitlement can get tricky. A new opinion letter from the U.S. Department of Labor clarifies how to handle it, especially when mandatory overtime and optional extra shifts are part of the mix. Continue reading

Sometimes, what an employee says about their own abilities can be the employer’s best defense. Continue reading

Sometimes what looks clear on paper isn’t the end of the story. A recent federal appeals court decision reminds employers that a doctor’s certification can’t always be enforced as a strict limit on FMLA leave.
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