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2026-10-01T05:00:00Z
NewsEmployee RelationsFamily and Medical Leave Act (FMLA)In-Depth ArticleAttendanceFamily and Medical Leave Act (FMLA)EnglishHR ManagementHuman ResourcesIndustry NewsEmployee RelationsHR GeneralistAssociate RelationsEmployee RetentionFocus AreaUSA
May employees take FMLA leave for surrogacy?
The Society for Assisted Reproductive Technology figures published by the American Society for Reproductive Medicine report that surrogacy increased from 1,539 in 2004 to 11,515 in 2023. Employers might, therefore, have an employee who chooses to be a surrogate. That employee will likely need time off for various reasons, including the delivery and subsequent recovery.
Does that time off qualify for leave under the federal Family and Medical Leave Act (FMLA)? The answer is likely, “yes.”
What does surrogacy mean?
According to the Cleveland Clinic, gestational surrogacy is when someone carries and gives birth to a baby for another person or couple. The conception is usually done through IVF (in vitro fertilization). The woman who carries the pregnancy has no genetic relation to the baby.
Serious health condition
If an employee meets the eligibility criteria to take FMLA leave, she will be entitled to FMLA leave when she needs time off because she’s incapacitated by the pregnancy (including for prenatal care), for the delivery, and for the recovery.
Surrogates take on all the risks of pregnancy complications like high blood pressure, diabetes, and infections.
Under the FMLA, pregnancy, even a routine pregnancy, is a serious health condition. Therefore, an eligible employee would be entitled to FMLA leave for the condition.
Bonding time
Once the employee has recovered from the delivery, however, the employee wouldn’t be entitled to FMLA leave for baby bonding, as the employee wouldn’t be bonding with the child. The employee would have given the baby to the parents, and they would be bonding with the child.
Gestational surrogates may not keep the baby. A legal contract is signed by the intended parents and their gestational surrogate before fertility treatments begin. This document states that the surrogate must give the baby to the intended parents after delivery. The surrogate also has no biological connection to the child and has no parental rights.
Key to remember: Employees who are gestational surrogates may take FMLA leave for the pregnancy, delivery, and recovery, but not for baby bonding time afterward.
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2026-10-01T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyElectronic logging device (ELD)Electronic logging device (ELD)Hours of ServiceHours of ServiceFocus AreaEnglishTransportationUSA
FMCSA declines broad challenge to ELD mandate
The Federal Motor Carrier Safety Administration (FMCSA) has denied an exemption request that would have allowed most drivers to use paper records of duty status instead of electronic logging devices (ELDs). The request came from the Federation of Professional Truckers (FOPT), which argued that drivers should be allowed to choose between electronic and paper logging methods.
Had the FMCSA approved the request, a potentially large portion of the trucking industry could have been allowed to move away from the ELD system that has been required for most interstate carriers since the federal mandate took effect a decade ago.
FOPT argued that the exemption would provide drivers with greater flexibility, reduce stress associated with electronic time tracking, and lower compliance costs. Many supporters echoed longstanding industry concerns that ELDs can contribute to parking challenges and create pressure for drivers who are trying to manage available driving time.
The proposed exemption wasn’t limited to FOPT members, however. According to the FMCSA, the organization envisioned making the exemption available to any driver who wished to use it but failed to indicate how it would ensure that highway safety wouldn’t be compromised.
The FMCSA pointed to a more fundamental obstacle: Congress directed the Department of Transportation to adopt ELD requirements through the Moving Ahead for Progress in the 21st Century Act (MAP-21). Because of that mandate, the FMCSA said that it cannot grant a blanket exemption for any driver or carrier that wants to avoid the requirement. Carriers and industry groups seeking major changes to ELD requirements may need to look to Congress rather than the agency for relief.
The FMCSA received more than 900 comments on the proposal before reaching its decision.
For carriers, the denial reinforces that ELD compliance remains a central part of hours-of-service enforcement.
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2026-10-01T05:00:00Z
NewsDistrict of ColumbiaEnglishChange NoticesChange NoticeAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)HR ManagementLeaveFocus AreaHuman Resources
District of Columbia paid family leave amounts revised
Effective date: October 1, 2026
This applies to: Employers with employees who work at least 50 percent in DC
Description of change: The District of Columbia (DC) Council passed updates to the Paid Family Leave (PFL) program as part of the Fiscal Year 2027 Budget Support Act of 2026, effective October 1, 2026. The updates are as follows:
- The amount of medical leave decreases from 12 weeks to 10 weeks.
- The amount of family leave decreases from 12 weeks to 6 weeks.
- Prenatal leave remains unchanged at 2 weeks.
- Parental leave remains unchanged at 12 weeks.
View related state info: FMLA – District of Columbia
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2026-10-01T05:00:00Z
NewsChange NoticesWage and HourChange NoticeOhioAssociate Benefits & CompensationAssociate RelationsHR GeneralistMinimum WageHR ManagementEnglishFocus AreaHuman Resources
Ohio minimum wage to increase
Effective date: January 1, 2027
This applies to: Employers with employees in Ohio
Description of change: On September 30, the Ohio Department of Commerce Division of Industrial Compliance’s Bureau of Wage and Hour Administration announced that Ohio’s minimum wage will officially increase on January 1, 2027.
The minimum wage will increase from $11 to $11.40 per hour.
The minimum wage for tipped employees will increase from $5.50 to $5.70 per hour.
The 2027 minimum wage will apply to businesses with annual gross receipts of more than $420,000, which is an increase from the current $405,000 threshold.
For employees at businesses with annual gross receipts of $420,000 or less per year after January 1, 2027, and for 14- and 15-year-old workers, the state minimum wage remains tied to the federal minimum wage of $7.25 per hour.
View related state info: Minimum wage - Ohio
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2026-09-30T05:00:00Z
NewsIndustry NewsFleet SafetyHours of ServiceHours of ServiceFocus AreaIn-Depth ArticleEnglishTransportationUSA
Fuel carriers get temporary HOS relief as supply concerns grow
A lingering fuel supply crunch tied to ongoing instability involving Iran has prompted the DOT to temporarily ease hours-of-service requirements for carriers hauling gasoline and diesel fuel.
For fuel transporters, the waiver offers added flexibility, but it also comes with specific conditions — and risks — that carriers must understand before taking advantage of the relief.
Global disruptions
The Federal Motor Carrier Safety Administration (FMCSA) issued the hours-of-service (HOS) waiver on September 16, 2026. The agency says HOS flexibility is needed this fall to “address potential increases in transportation and agricultural harvesting demands,” particularly in light of the “current global supply chain disruptions.”
The waiver remains in effect through December 16, 2026.
What relief does it provide?
The waiver exempts qualifying motor carriers and drivers from the standard property-carrying HOS limitations found in 49 CFR 395.3 while transporting gasoline and diesel fuel. However, this is not a complete suspension of fatigue-management requirements. Among the conditions that must still be met:
- Drivers may not drive more than 16 hours in any 24-hour period (even if the driver claims an existing HOS exception found in 395.1).
- Drivers must take either:
- At least 6 consecutive hours in a sleeper berth during each 24-hour period, or
- At least 8 consecutive hours off duty if no sleeper berth is available.
- Drivers who need rest must be allowed to immediately stop and obtain at least 10 consecutive hours off duty before resuming operations.
How can you claim it?
There is no application process; the waiver applies automatically to qualifying operations, provided carriers and drivers comply with the stated conditions. To operate under the waiver, carriers and drivers should do all of the following:
- Confirm the load involves the interstate transportation of gasoline or diesel fuel.
- Verify the carrier is not operating under a conditional safety rating and that neither the carrier nor the driver is subject to an out-of-service order.
- Verify the driver holds a valid CDL with all required endorsements.
- Keep a physical or digital copy of the waiver in the vehicle and present it to enforcement personnel upon request. The waiver is available at https://bit.ly/3VYC9X1.
- Follow the waiver’s modified duty and rest requirements, including the 16-hour driving cap and required rest periods (including an immediate 10 hours off duty if the driver requests it).
- Maintain compliance with all other FMCSA, hazardous materials, CDL, drug-and-alcohol testing, insurance, and state requirements that are not specifically waived.
- Keep a tally of all drivers who use the waiver, in case the FMCSA asks for it.
- Report qualifying crashes to the FMCSA within 2 business days if a driver was operating under the waiver at the time of the accident. (Refer to the waiver for reporting requirements.)
Not a free pass
A common mistake during HOS relief periods is assuming all rules have been suspended. That’s not the case here; all other Federal Motor Carrier Safety Regulations continue to apply.
For intrastate operations that follow state rules rather than federal, the FMCSA says states have the option, but are not required, to adopt the same waiver with respect to intrastate commerce.
Key to remember: A new FMCSA waiver gives relief from the normal hours-of-service rules for drivers transporting gasoline or diesel fuel, through December 16, 2026, if certain conditions are followed.
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2026-09-30T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveTime offFamily and Medical Leave Act (FMLA)HR ManagementEnglishLeaveUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistAssociate RelationsFocus AreaHuman Resources
Employee fired for falsifying time clock records, not for taking FMLA leave
Laurie, an employee, had been working at the company for many years. In October 2021, Laurie gave Julie, her supervisor, and the HR manager notice that she would need time off to start chemotherapy treatment for her autoimmune disorder. Julie told Laurie to use her paid time off (PTO) before taking leave under the federal Family and Medical Leave Act (FMLA).
On November 24, 2021, an employee told Julie that Laurie was late for work. A week or so later, Julie was doing payroll and noticed that Laurie clocked in at 7:28 a.m. for her 7:30 shift on November 24. But because she had been told that Laurie was late that day, she investigated further by looking at timekeeping records from the company’s mobile timekeeping app. Those records showed that Laurie had clocked in 33 times from outside the office, even though the company prohibited employees from clocking in before they were physically in the office.
Julie showed the results of her investigation to Daniel, a company director, who decided Laurie should be terminated. The employer fired Laurie on January 28, 2022, and she sued, claiming that the employer violated her FMLA rights by encouraging her to use PTO instead of FMLA leave and not properly notifying her of her right to use FMLA leave.
The court found that Laurie didn’t suffer any harm from these employer actions. She was granted FMLA leave and hadn’t missed any medical treatments. Had she been given FMLA leave, the employer could legally require her to use PTO concurrently, so the result would have been the same.
Laurie also argued that less than a month after she began taking leave, she was late for work, and an investigation was initiated. Despite no disciplinary history, she was terminated. She claimed the employer didn’t ask her for an explanation before investigating her tardiness.
The employer, however, identified 33 occasions when Laurie clocked in off-site in violation of company policy. The court agreed with the employer that the policy violation, not the leave, was the reason the employer fired Laurie, and ruled in the employer’s favor.
Valentine v. Riverside Radiology and Interventional Associates, et al., Southern District of Ohio, No. 2:24-cv-357, June 11, 2026
Key to remember: Employers can successfully terminate employees while on leave as long as the reason isn’t directly related to the leave.
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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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.