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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.
FEATURED NEWS
2026-02-23T06:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
Do rehired employees get FMLA leave?
Under the federal Family and Medical Leave Act (FMLA), only those employees who meet certain eligibility criteria are entitled to take the job-protected leave for a qualifying reason.
Employees must:
- Have worked for the employer for at least 12 months (need not be consecutive),
- Have performed at least 1,250 hours of work in the 12 months before leave is to begin, and
- Work at a location with at least 50 company employees within 75 miles.
What happens, however, if an employee leaves the company and is rehired?
How to handle FMLA leave with rehired employees
How employers should handle a rehired employee’s FMLA leave depends on how long the employee was away.
For starters, employers must include all the time the employee worked for the company, and see if it amounts to at least 12 months in total. Again, those months don’t have to be consecutive.
Employers don’t have to include any time worked after an employee’s been gone from the company for more than 7 years, with some exceptions:
- The break was because of the employee’s military leave under the federal Uniformed Services Employment and Reemployment Rights Act; or
- A written agreement, including a collective bargaining agreement, exists concerning the employer's intention to rehire the employee after the break in service (e.g., the employee goes back to school or takes time off to raise children).
Employers also must determine whether a rehired employee has done at least 1,250 hours of work in the 12 months before leave begins.
To illustrate
Because knowing the FMLA rules around a rehired employee can be challenging, here’s an example to help employers:
Joe Employee worked for “ABC Company” for 5 years before he left for a job at another company. After a year, that company went through some restructuring, and Joe was laid off. He reapplied at “ABC Company” and was rehired.
Seven months later, Joe found out he was going to be a father and asked for FMLA leave when the baby would be born in three months.
Since Joe worked for “ABC Company” for well over 12 total months (5 years originally; 10 months as a rehire when the baby is born and leave would begin), he would be eligible for FMLA leave when the baby is born (assuming he performed at least 1,250 hours of work by then).
State leave laws
Some state leave laws, particularly paid leave, have specific provisions entitling rehired employees to jump back on the leave train where they left off. Employers must be aware of such provisions if they have employees who work in those states.
Key to remember: Whether rehired employees are eligible to take FMLA leave depends on a number of factors, including how long they were gone and why.
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RECENT INDUSTRY HIGHLIGHTS
2026-02-23T06:00:00Z
NewsTraining & DevelopmentHR ManagementEnglishTalent Management & RecruitingAssociate Benefits & CompensationWorkplace ViolenceWorkplace ViolenceActive ShooterNew YorkSafety & HealthChange NoticesChange NoticeGeneral Industry SafetyHR GeneralistAssociate RelationsFocus AreaHuman Resources
New York expands workplace violence prevention programs in health care
Effective date: September 2026
This applies to: Employers that are health care facilities, meaning a “general hospital” or a “nursing home” as defined in Section 2801 of the New York Public Health Law.
Description of change: Gov. Kathy Hochul signed Senate Bill 5294B into law on December 12, 2025. This bill amends the New York public health law by requiring health care facilities to develop a violence prevention program. The law applies to general hospitals and nursing homes in the state and becomes effective in September 2026 (280 days from the day it was signed into law). A few key details are as follows:
- Within 12 months of the effective date, every facility must establish a workplace violence prevention program. The purpose a program is to protect health care workers, patients, facility residents, and visitors.
- Beginning January 1, 2027, all general hospitals must conduct, not less than annually, a workplace safety and security assessment and develop a safety and security plan that addresses identified workplace violence threats or hazards.
- The safety and security assessment must be tailored to the size, complexity, and local geographical factors affecting the general hospital and must identify and consider relevant threats and hazards.
- Emergency department security:
- Large population areas: A general hospital located in a city or county in New York with a population of one million or more will be required to have at least one off-duty law enforcement officer or trained security personnel be present at all times in the emergency department, subject to emergent circumstance in any hospital that requires an adjustment in personnel.
- Smaller population areas: A general hospital located in a city or county in New York with a population less than one million will be required to have at least one off-duty law enforcement officer or trained security personnel on premises at all times in a manner that prioritizes physical presence near, or within close proximity to, the emergency department of such hospital with direct responsibility to the emergency department. This doesn’t t apply to hospitals designated as critical access hospitals, sole community hospitals, or rural emergency hospitals.
View related state info: Workplace violence prevention – New York
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2026-02-20T06:00:00Z
NewsIndustry NewsDiversityAssociate RelationsEmployee RelationsHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishFocus AreaHuman Resources
Expert Insights: Silence is frustrating when it comes to DEI compliance
If you’ve spent the past year wondering when the federal government would clarify what constitutes unlawful diversity, equity, and inclusion (DEI) in the workplace, you might want to move to a more comfortable chair, because the wait continues.
Recent court activity highlights the ongoing uncertainty over what is meant by “illegal DEI” in Executive Orders issued by the president in January 2025, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and “Ending Radical and Wasteful Government DEI Programs and Preferencing.”
One federal court in particular expressed the frustration felt by employers seeking clarity. On January 30, the U.S. Court of Appeals for the Seventh Circuit heard oral arguments in Chicago Women in Trades v. Trump, No. 25-2144, concerning whether the administration can require federal contractors and grantees to certify that they don’t operate DEI programs that violate federal antidiscrimination laws.
The judges hearing the case criticized the federal government for not defining what separates lawful DEI from unlawful DEI.
Although the litigation directly affects federal contractors and grantees, the uncertainty has broader implications for private employers that value compliance and also understand the potential benefit of more diverse, equitable, and inclusive workplaces.
Though this and other courts have pressed the federal government to clarify where lawful DEI efforts end, and unlawful practices begin, no formal rules have emerged.
What the lack of rules surrounding DEI means for employers
For HR leaders, lack of concrete rules creates a need for thoughtful review of anything that could be viewed as DEI related, including programs, policies, training, and initiatives, even if they aren’t formally labeled as DEI.
Specifically, employers should carefully consider:
- Recruiting efforts,
- Leadership development programs,
- Mentoring initiatives, and
- Employee groups and events.
Make sure all those things align with longstanding federal antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964 which prohibits discrimination in employment based on membership in a protected class.
Document the purpose and structure of programs and initiatives and identify how they support equal opportunity. Programs should focus on education, awareness, and inclusive culture rather than preferences or exclusions tied to protected characteristics.
It’s also important to be consistent with internal messaging. HR leaders should make sure managers and HR staff use careful, neutral language when discussing any DEI-adjacent programs or initiatives, because inconsistent messaging can create unnecessary risks.
Regularly reviewing policies, programs, and initiatives shows good faith compliance efforts. If you have any questions about compliance, consult with an attorney or compliance expert.
Most importantly, HR should avoid making rash decisions due to the lack of clear guidance. Eliminating all inclusion-related efforts might negatively affect engagement, morale, and employer reputation. A thoughtful approach, however, allows employers to build and maintain respectful workplaces while adapting to an evolving legal landscape. Plus, it will give you something to do while you’re waiting for the federal government to issue specific rules.
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2026-02-20T06:00:00Z
NewsIndustry NewsMunicipal WastewaterWater ProgramsIndustrial WastewaterEnvironmentalIn-Depth ArticleCWA ComplianceEnglishFocus AreaUSA
PFAS, pretreatment, and biosolids: The growing challenge for water permitting
Per and polyfluoroalkyl substances (PFAS) pose one of the most urgent and complex challenges for wastewater systems in the United States. As federal agencies reconsider their regulatory strategies and states impose their own standards, publicly owned treatment works (POTWs) and the industries that discharge to them face increasing pressure to control PFAS at the source. These pressures affect pretreatment permits, industrial dischargers, and biosolids management, forming a rapidly evolving compliance landscape. Recent federal assessments and state actions show that PFAS in wastewater and biosolids is no longer a distant regulatory issue. It is a primary driver shaping future POTW permitting.
PFAS in POTW systems: A problem that starts upstream
PFAS enter POTWs through a mix of industrial wastewater, landfill leachate, household products, and consumer goods. Because PFAS are persistent and resistant to conventional treatment, they pass through biological processes largely unchanged. This means industrial contributors sending PFAS to a POTW can cause downstream compliance problems, even at low concentrations. EPA has emphasized that the best way to manage PFAS in wastewater is to prevent the chemicals from entering treatment systems in the first place, placing new attention on upstream industrial sources.
EPA’s 2025 trajectory indicates broader PFAS rulemaking is coming under several environmental statutes, including the Clean Water Act (CWA), Resource Conservation and Recovery Act, and Safe Drinking Water Act, although the federal landscape remains in flux. Still, agencies agree on one point: pretreatment programs will be an essential component of PFAS control.
Pretreatment permits: The first line of defense
Pretreatment permits regulate indirect dischargers, meaning industrial facilities that send wastewater to POTWs instead of directly to surface waters. These permits already manage pollutants that interfere with treatment or pass through into receiving waters. Now, PFAS has become a central focus.
States and POTWs are increasingly requiring:
- PFAS monitoring in industrial wastewater,
- Source identification surveys,
- Product substitution or process changes,
- Best management practices to reduce PFAS at the facility, and
- Local limits or prohibitions on PFAS discharges
EPA’s PFAS strategy specifically encourages states and POTWs to deploy all available pretreatment authorities to control PFAS at the source. This approach aligns with statements from EPA representatives asserting that upstream controls are one of the most effective tools for preventing PFAS from entering wastewater systems.
Biosolids under scrutiny: The impact of PFAS
The PFAS problem does not end with liquid effluent. It extends into biosolids, the treated sewage sludge generated by POTWs. In 2025, EPA released a Draft Sewage Sludge Risk Assessment evaluating risks associated with PFOS and PFOA in biosolids applied to land. The assessment found potential human health risks under certain scenarios when biosolid concentrations exceeded 1 part per billion. Although EPA emphasized the assessment is not a regulatory standard, many states immediately treated the value as a de facto limit for biosolid land application.
This rapid adoption has created a challenging environment for POTWs. Unless PFAS inputs from industrial sources are reduced, biosolid PFAS levels remain high, limiting disposal options such as:
- Agricultural land application,
- Composting,
- Surface disposal,
- Landfilling, and
- Incineration
Some states have already implemented bans or strict standards on biosolid land application due to PFAS concerns.
Regulatory uncertainty adds pressure
EPA’s PFAS regulatory posture has shifted several times. In 2025, EPA announced its intent to rescind certain PFAS drinking water designations while maintaining standards for PFOS and PFOA, signaling continued reassessment of its overall PFAS approach. These actions underscore the unsettled nature of federal rulemaking.
Meanwhile, the 2021 PFAS Strategic Roadmap and its subsequent progress updates outline multiple forthcoming actions under the CWA, including potential effluent limitation guidelines (ELGs) for PFAS manufacturers and metal finishers. These ELGs, if finalized, would apply to industrial direct and indirect dischargers and shape pretreatment standards nationwide. Yet, as of early 2026, EPA has not finalized technology based effluent limits for PFAS nor established national PFAS biosolids requirements, leaving states to fill the regulatory void.
What POTWs and industrial users should do now
Despite uncertainty, actions today can reduce long term liability:
- Conduct PFAS source identification at industrial users,
- Require PFAS monitoring in pretreatment permits,
- Develop local limits where state guidance is emerging,
- Engage with industrial facilities early on substitution and pollution prevention,
- Evaluate biosolids PFAS levels to assess disposal risks, and
- Participate in state rulemaking to anticipate new limits
POTWs should also coordinate with state environmental agencies, which continue to implement PFAS restrictions independent of federal action.
Pretreatment programs and biosolids management are becoming central to U.S. PFAS compliance. POTWs sit at the intersection of regulatory expectations, industrial discharges, and community concerns. While federal PFAS rules remain in development, state actions and EPA’s strategic direction make one fact clear: controlling PFAS at the source is essential.
Key to remember: For both industrial users and POTWs, proactive PFAS management is no longer optional. It is a core element of future permitting, planning, and risk reduction.
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2026-02-19T06:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyWork ZonesIn-Depth ArticleUSAEnglishFocus AreaWork Zones
Equal threat, opposite direction: Reversing hazards in work zones
Speeding through work zones is deadly, and distracted driving only intensifies the risk. But the danger does not end there: even slow-moving vehicles or those reversing at low speeds can be just as lethal, a fact underscored by two worker fatalities that occurred only days apart despite being hundreds of miles away.
Starting the year in the wrong direction
On January 10, 2026, a Michigan tow truck helper who was standing at the rear of their truck cab became pinned between the rollback flatbed carriage and the cab, suffering a fatal head injury. Preliminary findings show that after unloading a vehicle, the flatbed was being returned to its original position when unexpected resistance was encountered. Later, the helper was found on the ground and was pronounced deceased at the scene.
Six short days later in New Hampshire, a pickup truck operator struck a worker while reversing their vehicle on a worksite. Life-saving measures were attempted by emergency responders; however, the struck worker died because of injuries suffered in the incident.
While investigations into both fatalities are still underway, they serve as sobering reminders that workplace tragedies can occur regardless of vehicle direction or speed, underscoring the importance of maintaining rigorous work zone safety practices.
Reversing fatal facts
According to the National Work Zone Safety Information Clearinghouse, fatal highway worker injuries involving workers on foot struck by vehicles have increased by 10.7 percent since 2021. From 2021 to 2023, these incidents accounted for an average of 53.5 percent of all fatal highway worker deaths. In 2023 alone, more than 800 people were killed in work zone crashes, and over 37,000 were injured.
The data drives home the concept that work zone safety is moving in the wrong direction, making it critical for organizations to strengthen controls, improve visibility, and reinforce safe work practices. While work zone incidents remain a serious challenge, employers can reduce risk by applying data‑driven practices, proven countermeasures, and structured hierarchical control strategies, including:
- Prioritizing worker participation in identifying hazards and evaluating/implementing control options;
- Analyzing crash and trend data to target safety strategies and guide interventions;
- Addressing commonly cited OSHA violations to close work zone safety gaps before injuries or fatalities occur;
- Implementing safety countermeasures such as speed management tools, enhanced roadway delineation, improved lighting, pedestrian protections, and median barriers;
- Coordinating with engineers, traffic control companies, equipment manufacturers, and law enforcement to establish effective communication and staging strategies;
- Maintaining a written hazard control plan that includes emergency and non-routine operations;
- Evaluating the effectiveness of controls and adjusting when needed.
Key to remember: Work zone injuries are increasing; therefore, every vehicle movement, no matter the direction, must be controlled using engineering controls, data-informed decisions, worker participation, and consistent hazard management.
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2026-02-19T06:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyCalifornia Division of Occupational Safety and Health (Cal/OSHA), DILCaliforniaEnglishFocus Area
Cal/OSHA proposes to adopt federal ‘worker walkaround’ rule
In April 2024, federal OSHA issued a final rule addressing the workplace inspection process at 29 CFR 1903.8. California proposes to adopt the federal rule and add further provisions. The proposal would:
- Allow both a representative of the employer and a representative authorized by employees to accompany the Cal/OSHA inspector during the worksite inspection. The inspector is authorized to allow multiple representatives for employer and employee and to resolve any disputes as to who the representatives are.
- Establish who may be designated as the representative authorized by employees for purposes of accompanying the inspection;
- Establish the inspector’s authority to lead the inspection and ensure the conduct of the representatives who participate does not interfere with the effectiveness of the workplace inspection; and
- Allow the employer to protect trade secrets by requiring that any employee representative in an area containing trade secrets be an employee of the company. If this requirement results in excluding the only available employee representative, then the inspector will be required to interview employees who work in the area as part of the inspection.
A public hearing is scheduled for April 1, 2026, via Zoom; this is also the deadline for submitting comments on the proposal.
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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.