#WorkforceWednesday: FMLA and FLSA Compliance in 2026—New DOL Opinion Letters and Emerging Risks

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

Key Takeaways for Employers:

• Business Closures: Whether a partial-week business closure can be counted as FMLA leave depends on whether the employee was on FMLA leave for the entire workweek.

• 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.

Mini-Family and Medical Leave Laws: Are You Up to Speed?

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