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FEATURED NEWS
2026-11-12T06:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
May employees make up FMLA leave? If so, does it count?
One of the biggest challenges facing employers that administer leave under the federal Family and Medical Leave Act (FMLA) is unforeseeable intermittent leave — when an employee suddenly needs time off.
When the time off is only an hour or so, employees might want to make up that time during the workweek.
The FMLA doesn’t specifically prohibit this. If the leave is unpaid, the employee might want to work a full week to receive a full paycheck.
Employers, however, should not mandate that employees make up the time. Doing so can dissuade employees from taking FMLA leave, which can risk a claim that the employer interfered with the employee’s FMLA rights.
Employees may, however, choose to make up the time taken as FMLA leave.
To count as FMLA leave or not
When an employee makes up time taken as FMLA leave, employers might wonder whether they can count the leave taken against the employee’s 12-week FMLA leave entitlement.
Currently, there’s no definitive word on this. Employers could argue that they fully observed the employee’s protections when they allowed the time off, so they should be able to count it as FMLA leave.
On the other hand, a good argument could be made that if the employee made up the time, and no shortfall in hours occurred, then nothing should count – and employers shouldn’t require the employee to take more FMLA leave than is necessary.
Most employers in this situation don’t treat the missed time as FMLA leave if it’s made up during the workweek.
Company policies
If employers have policies where employees are allowed to make up time missed for non-FMLA leave, they should permit them (but not require them) to make up time taken as FMLA leave and not count it against their 12-week entitlement.
If employers want to count the time as FMLA leave, they should have a policy that allows employees to make up work time to replace lost wages (as a result of unpaid FMLA leave). The policy should clearly indicate that:
- The employer will count the time missed for unpaid FMLA leave as FMLA leave, and the make-up time is to compensate for lost wages; and
- The employer doesn’t require the employee to make up the time on unpaid FMLA leave.
Employers might consider prohibiting make-up time if the FMLA leave ran concurrently with paid leave, such as sick or vacation time.
Key to remember: Employees may make up FMLA leave taken during a workweek, and employers have some considerations regarding whether to count the time off as FMLA leave or not.
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2026-11-12T06:00:00Z
NewsIndustry NewsFleet SafetyRisk Management TransportationRisk Management - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Are your policies and procedures too wordy?
It’s common practice: Driver training materials are written in everyday language to make the information understandable. So, why are so many motor carrier policies and procedures still written in legalese?
Don’t lose your readers
Regulations, when read directly, are complex. It often takes a special eye to catch what’s being said. Regurgitating the regulations to drivers sets both the carrier and driver up for miscommunication.
Driver backgrounds vary substantially. They enter the profession with different educational histories, reading abilities, and even primary languages. Anything that’s unclear might inadvertently lead to a compliance or safety issue. Clear communication starts with selecting words your readers can easily understand.
Avoid lofty language
Any safety policy or procedure needs to be written for the audience — employees who need to use the policy, such as drivers. It’s not meant for HR, attorneys, or compliance professionals. The policy or procedure should be a clear, plain-language document that:
- Uses everyday words; and
- Avoids formal, legalistic language.
Consider using alternative words to simplify a formal policy. Here are some examples:
| Formal language | Everyday words |
| Utilize | Use |
| Prior to | Before |
| In the event that | If |
| Pursuant to | Under |
| Required to | Must |
| In accordance with | Under |
In the world of compliance, there will be occasions when you can’t avoid legal or technical terms or definitions. These terms should be defined the first time they appear in the policy.
Simpler words are just the beginning. Sentence structure is also important.
Use short, concise sentences
In addition to using simpler words, sentences in a policy or procedure need to be direct and convey exactly what the employee needs to know. The writing style should:
- Focus on one main idea per sentence,
- Use short sentences for complicated requirements,
- Remove unnecessary introductory phrases and qualifiers, and
- Break long paragraphs into smaller sections.
After creating simplified text, you need to examine how your information is organized. This is especially important when explaining a process.
Make a process clear
For procedures, understanding a process from beginning to end helps the reader. Laying out a step-by-step approach is best, including:
- Chronological order,
- Numbered lists for sequential actions, and
- Bulleted lists when there’s no specific order.
Readability: More than visual appeal
A policy or procedure should be visually scannable, so drivers can quickly find relevant information.
It’s most useful when:
- Headings reflect what the driver would look for (rather than formal terms),
- Headings and subheadings are descriptive,
- Paragraphs are short,
- Bullets and numbered lists are used strategically,
- Bold print is used sparingly, and
- White space breaks up the text.
The goal is to assist employees in quickly locating the answer to a specific question when referencing the document.
Don’t lose context
An easy-to-read policy should never come at the expense of accuracy. It should always reflect applicable federal, state, and local laws. Avoid simplifying a sentence so much that it significantly changes the meaning of the policy. Policies must always communicate regulatory and company-specific requirements.
If you’re concerned that a revised policy or procedure might have lost context, consult with others at the motor carrier, such as legal, HR, safety, or operations.
Key to remember: A plain-language policy organizes complex topics to make the information easier to understand. Always aim to simplify the explanation, not the requirement.
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2026-11-12T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyMachine Guarding HazardsFocus AreaIn-Depth ArticleEnglishMachine GuardingMachine Guard Maintenance and RepairMachine GuardingUSA
When the guard comes off
In 2026, OSHA proposed $196,251 in penalties against a Georgia supermarket franchisee after an employee lost four fingers while cleaning a commercial meat grinder. OSHA cited the employer for willfully bypassing the machine’s safety guards and for not having a program to control hazardous energy. Maintenance and repair work can require guards to be removed or temporarily taken out of position. Those guards are designed to separate employees from moving parts, points of operation, and other machine hazards. The concern isn’t simply that the guard came off. It’s what happens before the machine goes back into operation.
Check more than the repaired part
When maintenance focuses on fixing a specific problem, it can be easy to only think about the repair itself. However, getting to the issue may mean removing guards, disconnecting devices, or moving equipment. A missing fastener, improperly positioned guard, defeated interlock, or overlooked component can leave employees exposed to hazards that weren’t present before the work began. Before equipment returns to use, employers must make sure maintenance work hasn’t affected:
- Fixed or adjustable guards,
- Interlocked guards and safety devices,
- Fasteners or mounting points,
- Emergency stop controls,
- Machine settings or adjustments, and
- Other components that help keep employees away from hazardous areas.
A guard that’s back in place may not be enough
Reinstalling a guard doesn’t always mean the machine is ready for use. The guard needs to provide the protection it was designed for. For example, a guard could be reinstalled but positioned incorrectly. An interlocked guard could close normally, but after servicing may not function as intended. Replacement of parts or adjustments could also affect clearances or create access to areas that were previously protected. A post-maintenance check may include:
- Confirming guards are properly installed and secured,
- Checking safety devices and interlocks for proper operation,
- Looking for loose or missing components,
- Verifying tools and maintenance materials have been removed,
- Ensuring employees are clear of hazardous areas, and
- Following established procedures for returning equipment to service.
Don't separate guarding from hazardous energy
Machine guarding and lockout/tagout work together to protect employees from hazards during maintenance and servicing. A guard keeps employees away from moving parts during normal operations, but it doesn’t control hazardous energy. If a machine starts up unexpectedly or releases stored energy during servicing, employees can be seriously injured. When lockout/tagout applies, an emergency stop is not a substitute for properly controlling hazardous energy.
Finish the repair by restoring protection
The job isn’t finished when the repair is complete. Before the machine goes back into service, make sure guards and safety devices that were removed, bypassed, or affected by the work are back in place and functioning as intended.
Maintenance employees and equipment operators need a clear handoff that covers which guards or safety devices were affected, if protection has been restored, and whether anything still needs attention. If a guard, interlock, emergency stop, or other protective device isn’t working properly, employees should know to stop and not use the equipment, report the problem so it can be corrected, and keep the machine out of service until the issue is corrected.
Key to remember: If a guard comes off for maintenance, make sure every safeguard is back in place and working before the equipment returns to operation.
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2026-11-12T06:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsFleet SafetyCommercial learners permit CLPCommercial drivers license CDLFocus AreaFleet OperationsEnglishTransportationUSA
Iowa implements English language proficiency testing
Starting in January 2027, individuals in Iowa who are applying for, upgrading, renewing, or transferring a commercial learner’s permit (CLP) or commercial driver’s license (CDL) will be required to pass an English language proficiency (ELP) test.
The Commercial Driver English Language Proficiency Test is a computer-based test that measures an individual’s reading/hearing comprehension using 30 multiple-choice questions from four categories:
- General conversation. Features questions, audio clips, correct answers, and matching image descriptions.
- Official inquiries. Presents audio-based scenarios involving enforcement officers, dispatchers, managers, warehouse staff, and service agents, with test-takers choosing the best response.
- Traffic signs. Shows a sign image, asks its meaning or instructions, and offers four answer choices.
- Records and reports: Displays a reporting form image, a written question, and four answer options.
An individual is given a 20-minute time limit to pass the exam, and must achieve a score of at least 80 percent.
For new CDL holders (including out-of-state transfers), progression to a CLP, or any other CDL testing, is not permitted until the ELP test is successfully completed. Transfers will not be permitted until ELP testing is complete.
For renewals, line-exams, re-exams, or upgrades, successful completion of the ELP test is required before issuance.
Also, as part of this implementation, Iowa will no longer be offering the CDL knowledge test in Spanish.
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2026-11-11T06:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
Moving RIF termination date up after FMLA leave request foils employer’s argument
John had been with the employer for a few years when the company began restructuring plans. This restructuring would involve eliminating some positions. John reported to Erica, who would decide which roles should be eliminated. In December 2024, Erica decided that John’s position would be eliminated.
The employer, however, didn’t document this decision until January 13. The next day, John contacted Canden in HR asking about the company's paternity leave policy. He asked that this be kept private due to complications with his wife’s last pregnancy.
Then, on February 17, John discovered documentation that reflected changes to his role. He asked Erica about it, and she encouraged him to apply for a different position. He didn’t. The next day — still before he announced his planned paternity leave — Erica created and sent a form that reflected the elimination of John’s role.
On March 3, John formally notified Erica about his wife’s pregnancy and his intention to take paternity leave later that spring.
On April 9, John formally requested FMLA leave. Two days later, on April 11, the employer told him about his upcoming termination. The remaining employees identified in the reduction in force (RIF), however, weren’t terminated until July.
John sued.
While the court ruled that no reasonable jury could find a “causal link” between John’s FMLA leave request and the general decision to include him in the RIF, it indicated that the employer might have accelerated his termination notice to April 11 because of his FMLA leave.
The close timing between John’s leave announcement and his termination notification caused the court to find in John’s favor and not throw the case out, as the employer wanted.
Shoemaker v. McKesson Corporation, Northern District of Texas, No. 3:25-CV-2558, September 9, 2026.
Key to remember: Employers must consider the dates of all the decisions surrounding a termination in relation to FMLA rights and protections.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
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2026-11-11T06:00:00Z
NewsSafety and Health Programs and TrainingRisk Assessment and ManagementOccupational Safety and Health Administration (OSHA), DOLSafety and Health Programs and TrainingIn-Depth ArticleEnglishRisk Assessment and ManagementIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyFocus AreaUSA
The Swiss Cheese Model: Use it for safety AND sanity!
What does Swiss cheese have to do with safety and sanity? If you’ve spent any time in the safety field, you’ve likely heard of the Swiss Cheese Model for safety program effectiveness. The model is a powerful way to understand why incidents happen and when used properly, preventing these incidents becomes more manageable. Applying this model will help you to strengthen your safety program, one cheese hole at a time, so you can close gaps without feeling overwhelmed.
The Model
The Swiss Cheese Model is pictorial way to look at why incidents still occur when multiple layers of protection fail. Imagine several slices of Swiss cheese stacked together, each slice represents a safety barrier such as machine guarding, work procedures, or training.
The holes in the slices symbolize safety weaknesses like human error, poor communication, or equipment failure. When the holes perfectly align across all layers, a hazard can pass all the way through every line of defense and result in an incident.

Visualizing your safety program in this simple and easy-to-remember graphic can help you identify gaps and strengthen protections.
The Myth
One misconception with the Swiss Cheese Model is that as long you are addressing the basics of regulatory standards, incidents would be prevented. Unfortunately, this is not always the case, and additional factors must be considered.
Factors that influence the layers of protection include:
- Organizational such as the prioritization of safety in the workplace, a strong safety culture, resource management, and consistent processes;
- Supervisory including communication, leadership and oversight, planning, enforcing safety, and corrective actions;
- Environmental like tools and technology, work tasks, and workplace conditions;
- Individual which includes workers’ mental and physical conditions, fitness for duty, and overall well-being; and
- Behavioral that result from decisions or skill-based mistakes, perceptual failures, or errors in judgment that lead to unsafe acts.
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