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2026-10-14T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Associate RelationsEnglishHR ManagementFocus AreaHuman ResourcesUSA
HR manager didn’t follow company policy for his own FMLA leave, and got terminated for it
In early 2023, Frank, an HR manager, suffered from severe right shoulder arthritis. Starting on February 21, he decided to take leave under the federal Family and Medical Leave Act (FMLA) to manage his health issues, eventually opting for surgery.
The employer’s policy indicated that requests for FMLA leave be made through the HR Department on the forms provided. The forms required employees to provide a medical certification to support the absence.
When Frank first asked for leave, he didn’t submit a medical certification. He argued that delayed submission of such paperwork was, nonetheless, consistent with the employer’s customary practice. During his tenure as HR manager, he would also retroactively approve FMLA leave for employees who began their leave before filling out the required paperwork.
On March 9, Debra, a company director, sent Frank a letter reminding him to submit the medical certification by March 17. When Frank failed to do so, Debra sent him a second, third, and fourth reminder, extending the deadline each time. In the last two letters, she warned Frank that failure to comply with the company leave policies could result in his termination.
Frank didn’t submit a certification until May 4. It excused his absence beginning May 2, but didn’t address his absences from February 21 to May 1. He never provided documentation covering the prior absences or a reason for them.
On July 7, before he could return to work, the employer informed Frank that his employment was terminated. The termination letter cited his “failure to provide the healthcare certifications required” by company policies, which resulted in his incurring “multiple unexcused absences in violation of the” company’s personnel code.
Frank sued, but the court sided with the employer, despite the suspicious timing of the termination. It first noted that when an employee takes leave without complying with the employer’s internal leave policies, they haven’t “engaged in any activity protected by the FMLA.” Also, since Frank failed to provide a certification supporting his leave from February 21 to May 1, the FMLA didn’t cover his time off, and he didn’t engage in FMLA-protected activity.
Bergman v. St. Clair County, Southern District of Illinois, No. 3:24-CV-02374, September 23, 2026.
Key to remember: If an employee fails to provide a requested FMLA certification without justification, employers may deny FMLA 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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2026-10-14T05:00:00Z
NewsIndustry NewsIn-Depth ArticlePrivate carrier authorityExempt Carrier AuthorityMotorcoach operating authorityPassenger carrier authorityOperating AuthorityFleet OperationsFocus AreaEnglishUSAFor-Hire Carrier AuthorityTransportationHousehold Goods Carrier authority
One Texas-to-Texas load could change your registration requirements
Many carriers believe that once they’ve obtained their interstate authority, they’re authorized to make any type of move in any state — but that’s not always the case. Texas is a great example of this, as having interstate operating authority doesn’t always give a motor carrier everything it needs to conduct transportation within the state of Texas.
This is why it’s essential that carriers look closely at any movements that both begin and end in Texas. Even a carrier that primarily operates in interstate commerce needs Texas intrastate authority if it performs a point-to-point Texas trip.
Interstate authority vs. Texas intrastate authority
Understanding the difference between interstate authority and Texas intrastate authority is integral to understanding what a carrier needs before operating in Texas. The USDOT number and the Texas Department of Motor Vehicles (TxDMV) number serve different purposes:
- USDOT numbers are the carrier’s federal safety identifier and are used to track information such as inspections, crashes, and compliance history; and
- TxDMV numbers and the related Texas registration certificate demonstrate that the carrier is registered with the state to make intrastate movements.
Because the two credentials aren’t interchangeable, a carrier with a USDOT number and federal operating authority may still need to register with the TxDMV. The key question is: Does the carrier perform any regulated movements that both originate and terminate within Texas?
When do you need to register with the TxDMV?
Texas generally requires the following intrastate vehicles and operations to have and display a USDOT number and to register with TxDMV for intrastate authority:
- Private and for-hire vehicles, or combinations of vehicles, with a gross weight or gross weight rating exceeding 26,000 pounds when used to transport cargo in furtherance of a commercial enterprise;
- For-hire vehicles used to transport household goods, regardless of gross weight rating;
- Vehicles, including buses, designed or used to transport more than 15 passengers, including the driver;
- Commercial school buses;
- Vehicles used to transport hazardous materials in a quantity requiring placarding; Vehicles operated by a foreign carrier;
- Foreign-domiciled buses; and/or
- Vehicles owned or controlled by a person who isn’t a U.S. citizen or doesn’t reside in the United States.
Applying for Texas intrastate authority
Application for authority can be completed online. Call (800) 299-1700 to begin the registration process over the phone and obtain a Unique Identifier Number (UIN). Once a UIN has been assigned, use the online Motor Carrier Credentialing System (MCCS) at https://apps.txdmv.gov/apps/mccs/motorcarrier/.
Registration isn’t a one-time administrative task
Once a carrier receives its certificate of registration, it must maintain that status by doing the following:
- Review its principal business address, mailing address, and email address in the department’s online system every 6 months;
- Maintain required insurance filings;
- Keep its vehicle listing current; and
- Retain the insurance cab card at its principal place of business, and make sure the correct copy is carried in each covered vehicle.
Just like at the federal level, changes in vehicle size, passenger capacity, cargo, routes, ownership, or operating status could trigger a fresh review of the carrier’s registration obligations.
Key to remember: Federal authority alone may not be enough when a regulated trip both begins and ends in Texas, even if the carrier performs those trips infrequently. A careful review of a carrier’s operations — and confirmation of TxDMV registration requirements — can help prevent credentialing issues, roadside delays, and avoidable compliance fees.
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2026-10-14T05:00:00Z
NewsGreenhouse GasesIndustry NewsIndustry NewsAir ProgramsAir EmissionsEnvironmental Protection Agency (EPA)CAA ComplianceEnvironmentalFocus AreaEnglishAir ProgramsStationary Emission SourcesUSA
EPA further delays 2025 GHGRP submissions
EPA published an interim final rule on October 14, 2026, further extending the submission deadline for the reporting year (RY) 2025 annual greenhouse gas (GHG) report from October 30, 2026, to March 10, 2027.
Who’s impacted?
The final rule applies to facilities subject to the GHG Reporting Program (GHGRP) at 40 CFR Part 98. Generally, three types of entities must report:
- Large industrial sources of GHG emissions that directly emit 25,000 or more metric tons of carbon dioxide equivalent (CO2e) per year;
- Fuel and industrial gas suppliers whose products would result in 25,000 or more metric tons of CO2e of GHG emissions per year if combusted, released, or oxidized; and
- CO2 injection facilities that inject any amount of CO2 into the subsurface.
What’s the new deadline?
The interim final rule pushes the submission deadline for the RY 2025 GHG report from October 30, 2026, to March 10, 2027. The delay only applies to the RY 2025 GHG report.
Rule refresher
The GHGRP requirements are based on source categories in the subparts of Part 98. Facilities must report GHG emissions from the previous calendar year for all applicable source categories.
Reporters must use specific methods to calculate GHG emissions, which are detailed in the regulations. Facilities submit the annual GHG report to EPA using the electronic Greenhouse Gas Reporting Tool (e-GGRT).
Key to remember: EPA's interim final rule extends the submission deadline for the 2025 annual GHG report to March 10, 2027.
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NewsEnforcement and Audits - OSHACERCLA, SARA, EPCRAToxics Release Inventory ReportingVideoMonthly Roundup VideoCAA ComplianceInjury and Illness RecordkeepingEnglishOSHA Violations and PenaltiesAir ProgramsIndustry NewsSafety & HealthGeneral Industry Safety300-A Annual SummaryEnvironmentalFocus AreaAir ProgramsUSA
EHS Monthly Round Up - January 2023
In this monthly roundup video, we’ll review the most impactful environmental, safety, and health news.
Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news. First, let’s take a look at what’s happening in safety and health.
If you haven’t already done so, now is the time to post your OSHA 300A Summary. Employers are required to post the Summary in a conspicuous place from February 1st through April 30th.
As required by law, OSHA increased its penalties for inflation in mid-January. Penalties went up 7.7 percent, effective January 17th.
Also in January, OSHA released its long-awaited Fall 2022 regulatory agenda. Along with numerous proposed rules in the works, three major final rules are slated for 2023 – COVID-19 in healthcare, Injury and Illness tracking, and an update to the hazard communication standard.
OSHA recently released two new letters of interpretation, which address exit signs and lockout/tagout. Specifically, OSHA states that the International Standards Organization emergency exit symbol can be located beside the mandatory EXIT text on an existing sign.
The second letter addresses the applicability of lockout/tagout and the maintenance and operations of cathodic protection rectifiers when working on pipelines.
New York’s Warehouse Worker Protection Act was signed into law in December and takes effect in late February. It protects warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet these quotas.
In 2021, a worker died every 101 minutes from a work-related injury, according to the Bureau of Labor Statistics. A total of 5,190 fatal work injuries was recorded in the U.S. in 2021, an 8.9 percent increase over 2020.
Turning to environmental news, EPA automatically added nine per- and polyfluoroalkyl substances, or PFAS, to the Toxics Release Inventory, or TRI, list. Four PFAS were added since they are no longer claimed as confidential business information.
EPA released its Fall 2022 regulatory agenda in early January. Included are major regulations impacting the National Ambient Air Quality Standards, waters of the United States, and modifications to the Risk Management Program under the Clean Air Act.
There are also a number of rules related to the National Emission Standards for Hazardous Air Pollutants in various rule stages.
And finally, beginning with model year 2027, heavy-duty trucks will be required to meet clean air standards that are 80 percent more stringent than current requirements.
EPA says this final rule is aimed at reducing smog- and soot-forming emissions, increasing the life of governed vehicles by up to 250 percent, and increasing emissions warranty periods up to 450 percent.
Thanks for tuning in to the monthly news roundup!
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NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthGeneral Industry SafetyMonthly Roundup VideoFocus AreaUSAHazard CommunicationHazard CommunicationEnglishOSHA Violations and PenaltiesVideo
EHS Monthly Round Up - October 2023
In this monthly video, we'll review the most impactful environmental, health, and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Please view the content links in the transcript to take a deeper dive into the topics I’ll be covering today. With that said, let’s get started!
OSHA’s hazard communication final rule is under review at the Office of Management and Budget. This process typically takes 90 to 120 days, which means we’ll likely see the final rule in early 2024.
A performance audit found that OSHA did not adequately address the high number of injuries and illnesses at warehouses before and during the COVID-19 pandemic. Despite the high rate of injury and illness, OSHA only conducted a small number of inspections.
An OSHA investigation found a fulfillment center was exposing employees to ergonomic hazards which could lead to musculoskeletal disorders. The company also failed to provide adequate medical care for workers who had sustained head injuries, some of which were traumatic.
Workplace overdose deaths have increased 536 percent since 2011. A National Safety Council survey found that 75 percent of employers reported opioid use has impacted their workplace, but only 17 percent said they felt prepared to deal with the problem.
And finally, turning to environmental news, EPA finalized its PFAS reporting and recordkeeping rule. It expands the definition to include 41 additional PFAS of concern, among other changes.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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2026-10-13T05:00:00Z
NewsIndustry NewsHuman ResourcesAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Focus AreaIn-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSADisabilities and ADADisabilities and ADAReasonable Accommodations
Is providing an accommodation instead of FMLA leave okay? The law says, “No.”
Eligible employees may take leave for qualifying reasons under the federal Family and Medical Leave Act (FMLA). But may an employer require an employee to accept a workplace accommodation instead of taking FMLA leave? What if the absence creates a hardship for the employer?
The answer is likely no.
Under FMLA regulations at 825.702(d), if an employee is entitled to FMLA leave, the employer may not require the employee to take a job with a reasonable accommodation in place of that leave.
In other words, an employer generally may not deny FMLA leave and require the employee to keep working in a modified job, even if the employer offers similar pay and benefits or adjusts the job so the employee can perform its essential functions.
Is there an exception?
There’s a limited exception for certain intermittent or reduced schedule leaves. If the need for leave is foreseeable because of planned medical treatment, or if the employer agrees to intermittent or reduced schedule leave for bonding with a healthy child, the employer may temporarily transfer the employee to an available alternative position. The employee must be qualified for the position, however, and the position must better accommodate the recurring leave than the employee’s regular job.
This exception doesn’t apply when the leave is unforeseeable, such as during episodic flare-ups related to a chronic condition.
When the employee requests a different arrangement
The FMLA doesn’t prohibit employers from agreeing to an employee’s request for a different shift, schedule, or position when the employee returns from leave. However, employers may not pressure or require the employee to accept a different position against the employee’s wishes.
Applies to any accommodation
This rule applies to any workplace accommodation. For example, in lieu of leave, an employer may not require an employee to:
- Work from home,
- Use modified equipment, or
- Accept changes to a workstation.
No undue hardship defense under the FMLA
Unlike the federal Americans with Disabilities Act, the FMLA doesn’t include an undue hardship defense. This means that employers may not deny FMLA leave because the employee’s absence creates staffing challenges, affects productivity, or burdens a department.
Key to remember: If an employee is entitled to FMLA leave, the employer may not require the employee to accept an accommodation instead of taking that leave.
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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.