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FEATURED NEWS
2026-05-06T05:00:00Z
NewsEmployee RelationsFamily and Medical Leave Act (FMLA)Disabilities and ADAUSAIn-Depth ArticleFamily and Medical Leave Act (FMLA)EnglishHR ManagementReasonable AccommodationsIndustry NewsEmployee RelationsHR GeneralistAssociate RelationsCommunication ToolsFocus AreaDisabilities and ADAHuman Resources
Help! My employee’s coming back from weeks of FMLA leave!
When an employee is returning to work after taking multiple weeks off under the federal Family and Medical Leave Act (FMLA), an employer has much to consider. The focus might be simply on putting the employee back in the same position, as required. But there are other considerations to reacclimate an employee to the workplace following extended leave.
Communication
Before the employee returns, the employer should talk to the employee and solidify the employee’s return date and time. It’s also a good idea to make sure the employee knows what to expect and what is expected of them upon return.
If the employee has any continuing restrictions, the employer might have to make changes to the work, workplace, or company policies. This might indicate the need to engage in an interactive process with the employee to identify any effective, reasonable accommodations under the federal Americans with Disabilities Act.
The employer should also talk to the employee’s supervisor to help coordinate the process of bringing the employee back, whether the employee works onsite or remotely. Upon return, the supervisor should discuss any updates with the employee that occurred during the leave.
The supervisor might also want to inform other team members of the employee’s return and what is expected, including workload distribution.
Fitness for duty
Also, if the employee took leave for their own condition, before the employee returns, the employer might have indicated in the FMLA designation notice that the employee would need to provide an FMLA fitness-for-duty (FFD) certification before returning to work. If so, the employer should indicate when the employee should provide the certification, to whom, and in what particular format or form.
An FFD certification is sufficient if it indicates that the employee is able to resume work. If the employer indicated in the designation notice that the FFD certification must address the employee’s ability to perform the job’s essential functions, and the employer gave a list of those duties, the employer may hold the employee to providing information regarding their ability to perform the functions.
Prepare the workplace
Before the employee returns, the employer should ensure that the employee has access to the facility, as well as any computers and other systems. The latter might call for help from the IT department.
If the employee needs any workplace changes, those should be in place before the employee returns.
The employee's perspective
From an employee’s perspective, returning to work can be a big transition. The smoother the transition, the less risk of production or employee relations issues. If an employee were to return to an unprepared workplace and be greeted with unforeseen expectations, the employee would be more apt to complain, even to coworkers. Such negative news travels fast.
Key to remember: Employers should carefully plan and prepare for an employee’s return from extended FMLA leave.
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RECENT INDUSTRY HIGHLIGHTS
2026-05-06T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyIn-Depth ArticleHazard CommunicationHazCom Written ProgramEnglishFocus AreaUSA
Got chemicals? You may need a written HazCom program
What triggers the need for a written Hazard Communication (HazCom) program? The answer to this popular Expert Help question depends on certain requirements, definitions, and exceptions within the standard at 29 CFR 1910.1200. Simply put, if all four of the following statements apply, you must develop, implement, and maintain a written HazCom program at each workplace:
- Your organization is an employer. OSHA defines “employer” at 1910.1200(c) as “a person engaged in a business where chemicals are either used, distributed, or are produced for use or distribution, including a contractor or subcontractor.”
- The HazCom standard applies. If you’re an employer, the standard applies if you have any hazardous chemical that’s known to be present in the workplace in such a manner that employees may be exposed under normal conditions of use or in a foreseeable emergency. “Hazardous chemical” means any chemical which is classified as a physical or health hazard, simple asphyxiant, combustible dust, or hazard not otherwise classified (HNOC).
- At least one area/operation of the workplace where hazardous chemicals are present is covered by 1910.1200 and not simply exempted under paragraph (b)(3) or (b)(4). According to these paragraphs, OSHA does not require a written HazCom program to be developed for:
- Laboratories [Note: See our Lab applicability FAQ for details on when a laboratory is covered by 1910.1450 or 1910.1200.], or
- Work operations where employees only handle chemicals in sealed containers that are not opened under normal conditions of use, such as those found in marine cargo handling, warehousing, or retail sales.
It should be noted, however, that these operations do have other obligations under the HazCom standard, outlined at 1910.1200(b)(3) and (b)(4).
- At least one hazardous chemical in the workplace is covered by the standard and is not exempted under 1910.1200(b)(6). (Paragraph (b)(6) exempts certain substances from coverage by the HazCom standard.)
What information must the written program include?
Paragraph (e) of 1910.1200 outlines written program requirements. Although the program doesn’t need to be lengthy or complicated, it must include enough detail to explain how your organization is complying with the HazCom standard. There are specific elements OSHA will look for to ensure compliance:
- A list of the hazardous chemicals known to be present in the workplace that matches the identifier on the container label and the safety data sheet (SDS).
- The designation of person(s) responsible for ensuring labeling of in-house containers and the person(s) responsible for ensuring labeling of shipped containers (if any).
- A description of any in-house labeling system(s) and any labeling alternatives used in the facility (if applicable).
- A description of HazCom training provided to employees.
- Procedures to review and update label information when necessary.
- Methods used to inform employees of the hazards of non-routine tasks, such as cleaning reactor vessels, and the hazards of unlabeled pipes in their work areas.
- An explanation of how the employer will comply on multi-employer worksites. Employers on multi-employer worksites who do not use hazardous chemicals, but whose employees are exposed to the chemicals used by other employers on the worksite, are required to have a program and train their employees on the hazards of the chemicals in the work areas.
Key to remember: If you’re covered by the HazCom standard, you may need a written program. It must include specific elements listed in 1910.1200(e).
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2026-05-06T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationTerminationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishTerminationHR ManagementFocus AreaHuman ResourcesUSA
Fired employee can’t retroactively claim FMLA
Elizabeth worked as an HR specialist. In 2021, her employer approved intermittent leave under the federal Family and Medical Leave Act (FMLA) for her migraines. Later that year, the employer approved a separate request for continuous FMLA leave for 2 months to care for her son.
When Elizabeth’s continuous FMLA leave ended, Scott, another employee, contacted Elizabeth about the conclusion of her leave. He told Elizabeth at least three times to return to work on November 15. He also told her that if she didn’t return to work as instructed, the company would fire her.
November 15 came, and Elizabeth didn’t return to work. Instead, she left a voicemail on the employer’s attendance absentee line that morning, stating that she had been unable to log into her computer and assumed she had been fired. She said that “it was a pleasure to work with you all,” thanked the employer “for the opportunity,” and expressed her intent to return company property. She didn’t ask for FMLA leave for the missed days.
The employer terminated Elizabeth later that day, citing the reason as “Leave Exhaust/Failure to Return to Work.”
On November 16, the day after she was terminated, Elizabeth attempted to report intermittent FMLA leave for her absences on November 11, 12, and 15, but to no avail. The employer considered the requests invalid since she had been terminated the previous day.
Elizabeth sued the employer, claiming that it had interfered with her FMLA rights and retaliated against her for using FMLA leave.
The court’s ruling
The court held that Elizabeth couldn’t show that the employer denied her FMLA leave, or that it fired her for legitimate use of FMLA leave. She was no longer entitled to FMLA leave at the time she attempted to retroactively report her November absences, because she was no longer an employee. The court also found that she hadn’t reported those absences as soon as “practicable,” as required.
The employer had — and enforced — a time-off reporting policy, which Elizabeth failed to follow. Elizabeth’s November 15 voicemail didn’t express any intention to take FMLA leave for that day. The employer also clearly stated her requirement to return to work.
Because of all this, the court ruled in favor of the employer.
Chitwood v. Ascension Health Alliance, 7th Circuit Court of Appeals, No. 25-1933, March 3, 2026.
Key to remember: While firing employees who retroactively request FMLA leave can be tricky, denying leave to an ex-employee is safer. Employers should, however, have evidence supporting the termination.
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2026-05-06T05:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Your top ELDT audit questions answered
Recent entry-level driver training (ELDT) audits by the Federal Motor Carrier Safety Administration (FMCSA) have prompted many questions from training providers. As of May 2026, FMCSA has removed over 9,000 training locations from the ELDT Training Provider Registry (TPR) and another 800-plus have received proposed removal notices. Below are answers to the most common questions we are receiving.
Why were ELDT providers removed from the TPR?
Many of the removed providers failed to:
- Update their Entry-Level Driver Training Provider Registration form;
- Report changes to key information, within 30 days of the change, to FMCSA;
- Have appropriate records, facilities, equipment, or qualified instructors; or
- Be licensed, certified, registered, or authorized to provide training in accordance with applicable state laws and regulations.
Inactivity on the TPR for a prolonged period of time is another reason for removal.
What did auditors look for during the recent audits?
The audits centered on the recordkeeping requirements that must be met to remain on the TPR. All training providers on the TPR must retain the following records:
- Self-certifications by all accepted applicants for behind-the-wheel training, attesting that they will comply with the regulations in Parts 40, 382, 383, and 391, as well as state and/or local laws related to alcohol and controlled substances testing, age, medical certification, licensing, and driver records;
- A copy of the driver-trainee’s commercial learner’s permit (CLP) or commercial driver’s license (CDL), as applicable;
- Instructor qualification documentation indicating driving and/or training experience for each instructor, and copies of CDLs and applicable endorsements;
- The lesson plans for theory and behind-the-wheel (range and public road) training curricula; and
- Records of individual entry-level driver training assessments.
How long must ELDT records be kept?
ELDT records must be retained for at least three years. If your operation is subject to a longer retention period based on state requirements, you would follow those requirements.
Will FMCSA conduct more ELDT audits?
Yes, FMCSA plans to continue to audit ELDT providers listed on the TPR.
What can we do to ensure a positive audit?
Steps to take include:
- Reviewing all of your information in the TPR to ensure it is accurate and up to date,
- Making sure the documentation required in 380.725 is available and complete,
- Being prepared to discuss your lesson plans and curriculum, and
- Being prepared to provide a tour of your training facility.
Key to remember: FMCSA plans to continue its audits of ELDT providers. Knowing what to expect and what to do can go a long way in ensuring a positive experience.
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NewsIndustry NewsEnglishHR GeneralistIn-Depth ArticleUSAHR ManagementWellnessWellnessFocus AreaHuman Resources
Bring some green indoors to enhance job performance and employee well-being
Green is the color of March, as it signals the St. Patrick’s Day holiday as well as the emergence of spring. Did you know that bringing some green into your workplace can have benefits year-round?
A Harvard Business Review study found that bringing small pieces of nature into the workplace positively impacts employee performance and well-being.
The potted plant test
Researchers tested their theory by going into an office at night and placing potted plants by the desks of some employees. They placed office supplies on other employees’ desks.
The employees who were exposed to this small dose of nature displayed higher job performance, an increased desire to help, and enhanced creativity. No one was negatively impacted.
Bringing nature indoors
Live plants can’t be part of every work setting, but they’re not the only way to bring the benefits of nature indoors.
Nature-related elements can include:
- Windows with views of nature
- Indoor water features
- Murals of natural scenes
- Artificial plants or flowers
- Fish aquariums
Design features related to nature can also be more significant and included in building plans. For example, investing in landscaping designs outside office windows or having an indoor garden are ways to positively impact employees.
These options don’t have to break the bank or require a pot of gold, however. Simply allowing employees to place potted plants by their desks is an inexpensive way to enhance the workplace.
With a little luck, everyone will reap the benefits for having a little more green nearby.
Key to remember: Bringing natural touches to the workplace can have a positive impact on job performance, cooperation, and creativity.
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2026-05-05T05:00:00Z
NewsTraining & DevelopmentIn-Depth ArticleUSAHR ManagementEnglishTalent Management & RecruitingAssociate Benefits & CompensationDiscriminationGender DiscriminationDiscriminationTitle VII (The Civil Rights Act of 1964)Industry NewsRecruiting and hiringRecruiting and hiringInterviewingHR GeneralistFocus AreaFleet OperationsAssociate RelationsTransportationHuman Resources
Stinky hiring process soils waste management company’s efforts to fill garbage truck driver role
When a hiring manager tells a qualified female job applicant to “think carefully” and “talk to her husband” before accepting a job as a garbage truck driver, it stinks of sex discrimination.
The U.S. Equal Employment Opportunity Commission responded by dumping a lawsuit on the employer. In April 2026, the EEOC announced that a nationwide waste management company will pay $200,000 to settle a sex discrimination in hiring lawsuit.
According to the EEOC’s lawsuit, in May 2020, the female job candidate applied to work for the company as a garbage truck driver based out of Springfield, Missouri. During the interview, company managers told the applicant that female drivers hadn’t worked out in the past. They went on to say she should carefully consider whether she wanted the position because the company would have to build a locker room with a shower for female drivers if she were hired.
The EEOC alleged that when the applicant followed up and said she wanted the job, the company rejected her application and hired a less-qualified male for the position.
The company didn’t have any female drivers at the time. The suit also alleged that since at least March 2020, the company routinely failed to hire qualified female applicants for driver positions because of their sex.
“When employers make hiring decisions based on sex, rather than qualifications, both the employer and the applicants suffer,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District.
This alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment.
Where did this company go wrong?
The company had a history of not hiring female employees — a practice not looked kindly upon by the EEOC. The waste management company also made several key errors during the hiring process, such as:
- It assumed household gender roles by telling the female applicant to “talk to her husband” about her job possibility. That line of thinking is not only archaic; it violates Title VII by making sex-based assumptions.
- The managers implied that creating a shower space for her would be a burden to the company wreaks of discriminatory language. It basically says hiring a female would be a problem.
- Hiring a less-than-qualified male applicant made it implicit that she wasn’t hired because of her sex.
What should other employers do?
While it’s important to learn about a prospective employee, companies could face liability if they ask the wrong questions during an interview. Before conducting interviews, employers should have a script of safe questions. Asking the same questions of all candidates not only helps to compare them equally, it also minimizes the possibility of slipping up and saying something improper.
Interviewers can ask general questions to help determine if a candidate can perform the essential functions of a particular job, such as:
- What kind of job experience do you have?
- What aspects of your current job or previous jobs do you consider most crucial?
- Of all the work you’ve done, what have been your biggest successes?
- What would you change about your current job?
- What aspects do you like best about your current job? Least?
- What are you looking for in your next job?
Key to remember: Employers must dump off-limit topics, questions, and “trashy” comments during the interview process, or they could find themselves hauled into court.
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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.