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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.
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FEATURED NEWS
2026-05-27T05:00:00Z
NewsWage and Hour Division (WHD), DOLFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishHuman ResourcesDiscriminationIndustry NewsIndustry NewsDiscriminationPregnancy DiscriminationHR GeneralistAssociate RelationsFocus AreaUSA
Pregnancy and the FMLA
The federal Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of job-protected, unpaid leave for qualifying reasons. Those reasons include pregnancy, delivery, recovery, and bonding with the new child.
The FMLA doesn’t have different leave amounts for the various stages of a pregnancy. Employees don’t get, for example, 1 week of FMLA leave before the delivery, 8 weeks for delivery and recovery, then 3 weeks for bonding. Employers must look at each situation on its own facts, and count any time an employee takes time off for
FMLA serious health condition
Pregnancy is an FMLA serious health condition. For time off for pregnancy, delivery, and recovery to fall under the FMLA, however, the employee (or a family member) must be incapacitated, which means they are unable to work, attend school, or perform other regular daily activities due to the serious health condition, treatment thereof, or recovery therefrom. An employee could, for example, be incapacitated by severe morning sickness.
Incapacity also includes time off for prenatal appointments. Any time an employee (or family member) takes leave because they are incapacitated, employers must count that leave as FMLA leave. Employers may not delay designating FMLA leave when the leave is taken for a qualifying reason.
Spouses may take FMLA leave to care for their spouse who is pregnant, for the delivery, and for recovery. They may also take FMLA leave for bonding.
Beyond recovery
After recovery, employees can take FMLA leave to bond with their child, as long as they have some FMLA leave left. Employees must take the bonding leave within 12 months of the birth.
In addition, eligible employees are entitled to 12 workweeks of leave during each new FMLA leave year. As a result, depending on the leave year employers choose, an employee may be entitled to more than 12 weeks of leave for bonding with his or her child during consecutive 12-month leave years.
If, for example, an employer uses the 12-month period from July 1 through June 30 for its FMLA leave year. Rebekah has a baby on April 29th and uses FMLA leave for 8 weeks from her child's birth through June 30th. During the next leave year that begins July 1st, Rebekah is eligible for FMLA leave and remains on maternity leave for another 8 workweeks of FMLA leave and reaches an agreement with her employer to take another 4 workweeks of reduced schedule leave for bonding with her child before her child's first birthday.
Employees are not automatically entitled to FMLA bonding leave on an intermittent or reduced schedule basis. They may do so only if the employer agrees.
Other laws
The FMLA isn’t the only law that can apply to pregnancy, delivery, and recovery. The Federal Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for an employee’s limitation related to pregnancy, delivery, or related medical conditions. While the accommodation of last resort, leave can be reasonable. Such leave can also run concurrently with FMLA leave.
State leave laws can apply to a particular situation. Such laws might apply to more employees than the FMLA, provide paid leave, and provide more than 12 weeks of leave.
Key to remember: Employers must know when to designate leave as FMLA leave for pregnancy, delivery, recovery, and bonding.
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RECENT INDUSTRY HIGHLIGHTS
2026-05-27T05:00:00Z
NewsIndustry NewsIndustry NewsEnglishAssociate Benefits & CompensationAssociate RelationsTerminationHR GeneralistLeaveHR ManagementLeaveTerminationFocus AreaHuman ResourcesUSA
Employee didn’t provide proper leave notice — Lost his temper and his argument in court
One Sunday in September 2022, Jason, an employee, wasn’t feeling well. He didn’t let Nunu, his supervisor, or anyone else at work know on Sunday that he wouldn't be working the next day. Jason also didn’t let anyone at work know first thing on Monday morning. That morning, a coworker texted Jason about a work task. Jason told the coworker he didn’t feel up to the task.
The coworker advised Jason to tell Nunu. Instead, Jason went back to sleep. After 11:30 a.m., Jason texted the coworker that he would call out sick, and he would let Nunu know. Nunu said Jason could take the day off and take care of himself.
After Jason returned to work the next day, Nunu called him to discuss his failure to give advance notice of his absence the previous day. During the call, Jason was emotional and defensive. He also raised his voice at Nunu, who, in turn, called Jason out on his behavior. She also talked to HR about it. HR and Nunu decided to fire Jason.
The next morning, they told Jason he was fired for a number of reasons, including that he was late and missed work.
Jason sued, asserting that the employer fired him because he failed to show up for work after calling in sick, in violation of the District of Columbia (DC) Accrued Sick and Safe Leave Act (Sick Leave Act).
The DC Sick Leave Act requires employees to notify their employer of unforeseeable leave before the start of the work shift. In emergencies, employees have to provide notice before the start of the next work shift or within 24 hours of the emergency, whichever comes first.
In this case, the company policy required employees who are unable to work due to illness or injury to contact their supervisor as soon as possible and no later than 2 hours after their normal starting time.
In court, the employer argued that, rather than timely reporting his sick leave, Jason simply didn’t show up in the morning and waited until near midday to tell his supervisor that he wouldn’t be coming in, even though he knew beforehand that he was going to miss work and told a coworker about it. He, therefore, didn’t have protections under the DC law. The employer also pointed to Jason’s unprofessional behavior as a reason for firing him.
The court ruled in favor of the employer, saying that Jason didn’t comply with the DC Sick Leave Act or the employer’s policy when he requested to take sick leave. Accordingly, his conduct wasn’t protected.
Key to remember: Employers may hold employees to state or local paid leave law requirements for providing notice of the need for leave and their own call-in policies.
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2026-05-27T05:00:00Z
NewsEnglishChange NoticesChange NoticeAssociate Benefits & CompensationVirginiaHR GeneralistFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Associate RelationsLeaveHR ManagementFocus AreaHuman Resources
Virginia enacts new paid sick leave law
Effective date: July 1, 2027
This applies to: Employers with at least 50 employees
Description of change: On May 20, Virginia Gov. Abigail Spanberger signed HB 5, enacting a state paid sick leave law. Covered employers will ramp up, as follows:
- July 1, 2027: Employers with 50 or more employees
- January 1, 2028: Employers with 25 or more employees
- January 1, 2029: Employers with 1 or more employees
Employees begin accruing 1 hour of paid sick leave for every 30 hours worked upon hiring. They may accrue up to 40 hours or 5 paid sick days per year. Unused paid sick leave carries over to the next year, but employers may cap the use of paid sick leave at 40 hours/5 days.
Employers may, however, frontload the leave at the beginning of the year.
Employers with a paid leave policy that meets the requirements of the law don’t have to provide additional paid sick leave.
Employees may take the paid sick leave for the following reasons:
- Their own condition or preventive care;
- To care for a family member with a condition or for preventive medical care; or
- For domestic violence, sexual assault, or stalking of the employee or family member.
Family members include:
- Children, regardless of age;
- Parents;
- Spouses and domestic partners;
- Grandparents, grandchildren, and siblings;
- An individual for whom an employee is responsible for providing or arranging health or safety-related care; or
- Any other individual whose close association with an employee is the equivalent of a family relationship.
When the use of paid sick leave is foreseeable, employees must make a good-faith effort to provide notice of the need in advance.
For paid sick leave of 3 or more consecutive workdays, employers may require employees to provide reasonable documentation, but they may not require employees to disclose health information details or those related to domestic violence, sexual assault, or stalking.
Employers must notify employees of their rights both in writing and through required posting.
View related state info: FMLA - Virginia
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2026-05-27T05:00:00Z
NewsGreenhouse GasesIndustry NewsIndustry NewsEnvironmental Protection Agency (EPA)CAA ComplianceEnvironmentalFocus AreaEnglishAir ProgramsAir ProgramsUSA
Final rule revises HFC use restrictions and compliance timelines for specific subsectors
On May 26, 2026, the Environmental Protection Agency (EPA) finalized a rule (2026 Final Rule) revising regulations on the use of hydrofluorocarbons (HFCs) in certain subsectors. The final rule specifically amends requirements established by the 2023 Technology Transitions Rule under the American Innovation and Manufacturing Act of 2020 (AIM Act).
EPA also published a proposed rule to exempt road and intermodal container transport refrigeration units (TRUs) from leak repair requirements set by the 2024 Emissions Reduction and Reclamation (ER&R) Rule.
Who’s impacted?
The 2026 Final Rule applies to entities that are subject to the 2023 Technology Transition Rule requirements (40 CFR 84.54) for these subsectors:
- Refrigerated transport — intermodal containers,
- Industrial process refrigeration (IPR) and chillers for IPR used in semiconductor manufacturing,
- Retail food — supermarket systems,
- Retail food — remote condensing units,
- Cold storage warehouses,
- Residential and light commercial air conditioning and heat pumps (RACHP), and
- IPR (not using chillers) — refrigerated laboratory centrifuges and refrigerated laboratory shakers.
The 2026 proposed rule applies to refrigerant-containing road and intermodal container transport refrigeration units (TRUs) regulated by the 2024 ER&R Rule.
What are the changes?
The 2026 Final Rule:
- Adjusts the lower bound temperature and measurement location for refrigerated transport intermodal containers from -50°C to -35°C;
- Extends the compliance dates to January 1, 2030, for restrictions on uses of HFCs and HFC blends by IPR and chillers for IPR in semiconductor manufacturing process equipment (limited to equipment with a charge size of 100 pounds or less);
- Allows retail food supermarket systems to increase the cooling capacity of existing systems by up to 15 percent without triggering new installation requirements;
- Establishes temporary, relaxed interim global warming potential (GWP) limits (implementing stricter GWP limits starting on January 1, 2032) for:
- Retail food supermarket systems,
- Retail food remote condensing unit systems, and
- Cold storage warehouses.
- Allows RACHP equipment using specific components that were domestically manufactured or imported before January 1, 2025, to continue to be installed; and
- Delays the compliance dates to January 1, 2028, for restrictions on uses of HFCs and HFC blends by refrigerated laboratory centrifuges and refrigerated laboratory shakers.
Please note that the final rule states that EPA maintains existing requirements for new condensing units used as replacements in the RACHP subsector.
What’s the proposed rule?
The 2024 ER&R Rule added leak repair requirements (84.106) for refrigerant-containing appliances with a charge size of 15 pounds or more containing an HFC or a specific HFC substitute, which took effect on January 1, 2026. Examples of the requirements include leak inspections, appliance repairs, and reporting.
EPA proposes to exempt all refrigerant-containing road and intermodal container TRUs from the leak repair provisions (regardless of charge size).
Key to remember: EPA has issued a final rule revising HFC use restrictions for certain subsectors and has proposed a rule exempting transportation refrigeration units from leak repair requirements.
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2026-05-27T05:00:00Z
NewsIndustry NewsIndustry NewsCost management and strategy - Motor CarrierBusiness planning - Motor CarrierFocus AreaBusiness planning - Motor CarrierFleet OperationsEnglishTransportationInsurance and risk management - Motor CarrierUSA
ATRI: Safety strategies help fleets reduce insurance losses
Recent research can help carriers manage rising insurance premiums in a way that both improves safety and reduces costs.
The American Transportation Research Institute (ATRI) has analyzed research from its study on insurance to explore how motor carriers are responding to the rising costs of commercial auto liability in the trucking industry. This study also includes the risk management steps those carriers are taking to mitigate those costs.
What the data revealed
According to ATRI, liability insurance costs rose by 18.6 percent (to 10.2 cents per mile) from 2021 to 2024. The institute's research notes that this rise happened at the same time that heavy-duty truck-involved crash rates fell by 2.6 percent and per-mile liability losses rose by 33.1 percent, suggesting that a rise in crash claims influenced the rise in insurance costs.
In addition, from 2021 to 2024,per-mile premium costs for excess coverage rose by:
- 34 percent to 1.58 cents for the $5-10 million insurance layer, and
- 45 percent to 1.05 cents for the $10-15 million layer.
ATRI suggests that these increases are linked to amplified litigation in inflating claims costs.
Some positive outcomes
ATRI’s research found that fleets with more retained risk in their primary coverage layer had lower combined liability losses and premium costs, regardless of fleet size. In addition, the data shows that fleets with reduced total purchased coverage saw, on average, a year-over-year 2.4 percent reduction in combined liability losses and premium costs after adjusting for inflation.
The research suggests that these outcomes come from a mix of premium reductions and a heavy-handed application of fleet safety strategies, such as implementing new safety technology.
Overall, the report helps fleets analyze their own insurance strategies and apply risk management adjustments to mitigate costs. Find full details of the report at https://truckingresearch.org/2026/05/truckings-rising-insurance-costs-issues-and-opportunities/.
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2026-05-26T05:00:00Z
NewsEnforcement and Audits - OSHAPesticidesWorker Protection from PesticidesIn-Depth ArticleHazard CommunicationHR ManagementEnglishUSAIndustry NewsOSHA InspectionsSafety & HealthContingent WorkforceConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyEnvironmentalHazard CommunicationTemporary EmployeesFocus AreaPesticidesHuman Resources
OSHA packs new HazCom directive with enforcement clues
The first compliance date for the amended Hazard Communication (HazCom) standard has arrived, and OSHA finally issued its updated directive. The CPL instructs OSHA officers on how to conduct inspections and issue citations under the standard. However, it also provides chemical manufacturers, importers, distributors, and employers with insight into what officers will be assessing.
In effect, this CPL translates regulatory text into inspector expectations. It shows what adherence to the standard looks like in practice. That makes it a critical resource given recent and upcoming dates at 29 CFR 1910.1200(j).
CPL rewritten for the 2024 standard
On May 19, 2026, OSHA posted a revised CPL 02-02-079, “Inspection Procedures for the Hazard Communication Standard (HCS 2024),” replacing the July 9, 2015, version. The 132-page document reflects the reconfigured HazCom standard published May 20, 2024, effective on July 19, 2024, along with corrections issued through early 2026.
The agency designed this enforcement playbook to maintain uniform inspections during the transition period and after full implementation. Because of the extensive regulatory changes to definitions, hazard classification, labeling, safety data sheets, and trade secrets, the CPL is not a light refresh.
For those familiar with the rulemaking, the new CPL edits will not be surprising. Still, the directive should provide more clarity than the regulatory text.
Front matter and appendices
Updates to Sections I to IX are typical of a CPL, including:
- Cancellation of the 2015 CPL;
- A modified title and references to the 2024 final rule and corrections;
- Alignment with revisions 7 and 8 of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS); and
- A new summary of changes, historical background, and compliance dates.
OSHA also modernized appendices for dates, hazard lists, pictogram hazards, SDS review guidance, chemical resources, and related directives.
Reworked inspection guidelines
Section X outlines inspector instructions for paragraphs (b) through (j) of the standard. The latest modifications impact most sections:
- Scope, applicability, and exemptions — The directive offers new examples and expanded explanations, such as:
- A formaldehyde hazard example for hair smoothing products;
- An overview of pesticide labeling requirements and exemptions;
- Discussion of the EPA Agricultural Worker Protection standard preemption; and
- Greater detail about biological hazards from plants.
- Definitions — The document introduces terms and explains bulk shipment, immediate outer package, physical hazard, released for shipment, and more. It also revisits the terms combustible dust and manufacturer. Lithium-ion batteries are now referenced in the distributor context.
- Hazard classification — The directive instructs OSHA officers to consider the classification of:
- Hazards associated with a chemical’s intrinsic properties, including changes in physical form and reactions from known or reasonably anticipated uses; and
- Impurities, additives, and individual constituents.
- Written plan — The directive clarifies:
- Employers must revise programs by the compliance dates when new information is received from suppliers;
- The use of computers and third-party administrators of safety data sheets (SDSs); and
- The written program must describe how employees will be trained in a language and at a literacy level they understand.
- Labeling — The directive broadens the sections on Department of Transportation labeling, bulk shipments, and small container labeling. It incorporates final rule flexibility too:
- Phased-in compliance dates for labeling;
- Hazards not otherwise classified (HNOCs) and hazards identified and classified under 1910.1200(d)(1)(ii) don’t need to be addressed on the container;
- The exclamation mark pictogram is permitted (but not required) for HNOCs, under certain conditions;
- Minor textual variations for precautionary statements are allowed; and
- OSHA offers alternatives for chemical containers released for shipment.
- Safety data sheets (SDSs) — Amended text focuses on U.S. jurisdiction and technical provisions, such as:
- Phased-in compliance dates for SDSs;
- Importer SDS responsibilities;
- Using a U.S. address and phone number;
- The hazard class and category reflecting intrinsic properties;
- Required Chemical Abstracts Service (CAS) number or other unique identifiers; and
- No need to obtain updated SDSs to replace already received SDSs.
- Employee information/training — The directive references a temporary workers bulletin. It also emphasizes:
- Phased-in compliance dates for necessary training adjustments; and
- Delivering training in a language employees understand.
- Trade secrets — The instruction aligns with the 2024 rule:
- Allows the exact percentage, exact concentration range, or CAS number to be withheld if certain criteria are met; and
- Addresses the use of confidentiality agreements.
- Dates — The directive overhauls compliance timelines and discusses documentation of due diligence and good faith efforts.
In addition, the directive softens citation language with phrases like “should normally cite” instead of “shall cite.” This shift suggests inspectors may have greater discretion based on case-specific circumstances.
Key to remember
While 1910.1200 remains the baseline for employers and chemical manufacturers, importers, and distributors, the revised CPL 02-02-079 provides an enforcement lens. With implementation underway, regulated entities can use the CPL to steer their efforts and conform with how OSHA will inspect them in the field.
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