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Hurricane Irma

Before Hurricane Irma in September 2017, Albert asked for “special consideration” so that he could be allowed to stay home with his wife during hurricanes. The sheriff’s office approved of this.

Thereafter, Albert took FMLA leave to care for his wife. But around February 2022, Albert no longer needed intermittent FMLA leave because he had more work flexibility as a supervisor and was able to provide care for her around his work schedule.

Hurricane Milton

Then came Hurricane Miton in October 2024. Albert requested the time off but was denied, as he was an essential employee. He was told to report to work, or the case would be taken to HR, and his job could be at risk.

On October 9, during his shift, Albert’s wife called about the threat of a tornado and thought she was having a heart attack. Albert decided to leave work to go home and told a manager that he was leaving. He never contacted Risk Management regarding his need to leave, as no one from that office was there.

On October 11, the employer fired Albert for abandoning his job during an emergency event.

The complaint and the result

The following January, Albert filed a complaint asserting FMLA violations.

The employer argued that Albert:

• Didn’t qualify for or wasn’t entitled to FMLA benefits because his wife only thought she was having a heart attack,
• Didn’t provide adequate notice for leave, and
• Was fired for a legitimate reason unrelated to his request for FMLA leave.

The court didn’t buy the employer’s arguments. The first argument failed because the evidence was sufficient to allow a jury to find that Albert’s wife suffered from a serious health condition without actually having a heart attack.

The court also found that the evidence showed that Albert gave enough notice of his need for unforeseeable leave. The employer was well aware of his wife’s condition.

The last argument failed because the employer allowed other employees to be absent during hurricanes, contradicting its claim of abandonment; others who didn’t report to work during Hurricane Milton had their badges revoked, but Albert was fired, and the employer fired Albert soon after his leave request.

Therefore, the court denied the employer’s request to have the case dismissed and allowed it to proceed to a jury.

Burrows v. Prummell (Sheriff of Charlotte County, Florida), Middle District of Florida, No. 2:25-cv-11, January 26, 2026.

Key to remember: Even if employees are essential for a particular function, even during emergencies, they are entitled to take FMLA leave for a qualifying reason.

Calendar year

The calendar year is pretty self-explanatory. It begins on January 1 and ends on December 31. If an employee’s leave begins on December 15 and ends on February 2, the leave from December 15 until December 31 is in one leave year, and the rest is in a new leave year.

With this method, employees can “stack” leave. An employee could, for example, take 12 weeks of FMLA leave from mid-October until the third week of March. While the employee takes 24 consecutive weeks of FMLA leave, 12 of the weeks are in one leave year, and the other 12 weeks are in the following leave year. The employee would have no more FMLA leave available until January 1 of the next year.

Fixed 12-month period

This method operates much like the calendar year method, but doesn’t start on January 1. If employers choose an employee’s anniversary date, for example, each employee will have a different leave year, which could make tracking leave a bit of a challenge. Selecting a more unified option, such as a company’s fiscal year, makes leave tracking easier.

Either way, this method also allows employees to stack their leave.

Measured forward

With this method, when an employee takes FMLA leave for the first time, that’s when each employee’s individual leave year begins. If, for example, an employee first took FMLA leave on March 12, 2026, their leave year would run from that date to March 12, 2027.

Just because the employee first took leave on March 12 doesn’t mean that the leave year will always begin on that date. The leave year could change. If that same employee subsequently took leave beginning July 22, 2027, the new leave year would run to July 22, 2028.

Rolling backward

Under this method, the 12 months aren’t static — they “roll.” Each day begins a 12-month new leave year. Every time an employee takes FMLA leave, the employer looks back 12 months and determines how much leave the employee took in those 12 months. That amount is subtracted from the 12-weeks of FMLA leave. The balance is how much FMLA leave the employee has available on that particular day. The next day, the employer makes the same calculation.

While the rolling backward method is the most employer-friendly of the four choices, and it avoids the stacking of leave, it makes calculating leave amounts more challenging because it’s always changing.

State laws

While these four leave-year options apply to federal FMLA leave, states with their own leave programs in place might have different requirements. Wisconsin, for example, has a state family and medical leave law that requires employers to use a calendar year. According to the U.S. Department of Labor, employers in Wisconsin that are covered by both laws must, therefore, use the calendar year method.

Key to remember: Employers may choose from four methods to identify the 12-month leave year during which eligible employees may take FMLA leave.

Big hit poster checklist

Be a posting compliance most valuable player (MVP) by ensuring that:

All January 1 changes have been posted.

This year, January posting updates occurred in these states:

• Arizona: Minimum Wage
• California: Minimum Wage, Paid Sick Leave (Healthy Workplace)
• Colorado: Minimum Wage, FAMLI
• Connecticut: Minimum Wage, Paid Sick Leave
• District of Columbia: Paid Family Leave, Time Off to Vote
• Illinois: VESSA, Your Rights Under Illinois Employment Laws
• Maine: Minimum Wage
• Massachusetts: Paid Family and Medical Leave
• Minnesota: Minimum Wage
• Missouri: Minimum Wage
• Montana: Minimum Wage
• New Jersey: Minimum Wage
• New York: Minimum Wage
• Ohio: Minimum Wage
• Pennsylvania: Veteran Benefits and Services
• Rhode Island: Minimum Wage
• South Dakota: Minimum Wage
• Tennessee: Discrimination
• Vermont: Minimum Wage
• Virginia: Minimum Wage
• Washington: Minimum Wage, Paid Family Leave

All changes listed were mandatory, and an updated posting is required, except for the minimum wage updates in Montana, South Dakota, and Washington. A new minimum wage took effect in these states, and a new poster was released, but posting isn’t needed under the law (although it is a good idea).

In addition, if you’re in Minnesota, you have a bonus change to be aware of. The Workers’ Compensation posting was updated in late January, and employers should have the January 2026 version on the wall

You’re watching for promised federal posting changes.

Two federal posting updates are on the way:

• The Executive Order 13658 minimum wage will increase to $13.65 per hour on May 11, and covered federal contractors will need to display a new Employee Rights Under Executive Order 13658 poster after the Department of Labor makes it available. The new rate (and updated poster) apply to contractors with federal contracts entered into between January 1, 2015, and January 29, 2022.

• The Equal Employment Opportunity Commission (EEOC) indicates that the Know Your Rights: Workplace Discrimination is Illegal posting is being revised to bring its wording in line with an executive order released in January 2025. The agency has not provided a timeline for the update, but the posting website continues to indicate that it is on the way.

You’re ready for mid-year updates.

Some annual minimum wage changes take effect in July, and a few additional posting updates take effect at this time of the year as well. Be ready to update these posters in July:

• Alaska: Minimum Wage
• District of Columbia: Minimum Wage, Time Off to Vote
• Louisiana: EITC
• Nebraska: Minimum Wage
• Nevada: Minimum Wage
• Oregon: Minimum Wage

All posters are properly displayed.

Posters must be displayed in a conspicuous location where they’re readily visible to employees. If you have a new location, or if your business has been remodeled recently, make sure that labor law posters are on display as needed.

If you have employees who work remotely, electronic posters are a great way to make them aware of their rights.

Key to remember: You can round the bases with a posting compliance grand slam this spring by making sure updated posters are properly displayed, and you’re ready for the next series of updates.

Concurrency

Many of the state laws allow the time off to run concurrently with FMLA leave, when:

• The employer is covered by both,
• The employee meets the eligibility criteria for both, and
• The reason qualifies for both.

When the leave runs concurrently, employers have to comply with both laws. A state law could have specific employer requirements, and employers have to meet them. That could involve giving employees certain information. The Colorado Family and Medical Leave Insurance (FAMLI), for example, requires employers to not only post the program notice in a prominent location, but it also requires employers to give employees written notice of the program upon hiring and when learning of an employee experiencing an event that triggers the employee’s eligibility.

Under the FMLA, when employees put the employer on notice of the need for leave, employers must give the employee an eligibility/rights & responsibilities notice within five business days. Once employers have enough information to determine if the absence qualifies for FMLA protections (such as from a certification), employers have five business days to give the employee a designation notice.

Employers can't overlook those FMLA steps, even if they seem redundant with state requirements.

Risks

If employers fail to designate an absence as FMLA leave, they may retroactively designate it only if doing so doesn’t cause harm or injury to the employee. If so, employers can’t retroactively designate it, which could result in the employee having more than the 12 weeks of FMLA leave.

Employers that don’t comply with the FMLA’s notice requirements can risk fines and penalties, even if the employers gave the employee the 12 workweeks of leave and the employee suffered no actual harm.

Therefore, overlooking the FMLA would not only risk violations but would also add another layer of unnecessary complexity.

Key to remember: Employers need to remember to comply with the federal FMLA’s requirements in addition to a state’s requirements.

In court

Tracey argued that the employer knew of her medical condition and her need to take leave when it selected her for termination as part of the RIF.

The employer argued that it wasn’t aware of Tracey’s condition when it selected her for termination, and that Tracey didn’t request leave. It also argued that the 3 months between her leave inquiry and her termination meant the termination wasn’t because of the leave request.

The court didn’t buy the employer’s argument.

It felt that a reasonable juror could infer that the RIF provided a mechanism to part with employees who would require future leave. The evidence suggested that the employer knew of Tracey’s atypical need for leave in the future, and they delayed termination to avoid the appearance of a connection.

Although it wasn’t certain when Tracey would need the leave, it was certain that she would need it eventually. The employer’s response was an acknowledgement of that need. Thus, Tracey’s inquiry was an invocation of FMLA rights and protected her under the FMLA.

Firing an employee after requesting FMLA leave but before the employee could take it can constitute both interference and retaliation, which is what the court said happened in this case.

An internal text didn’t help the employer’s case, as a jury could interpret it as a suggestion that the employer should delay Tracey’s termination to avoid litigation: “She is going to need 2-3 months off to recover. It’s going to be hard [to] staff that, but also I don’t want to intentionally not staff her and bring in a lawsuit.”

Pavlicin v. CapTech Ventures, Inc., Eastern District of Pennsylvania, No. 24-5415, December 18, 2025.

Key to remember: Employers whose employees put them on notice of the need for FMLA leave shouldn’t fire employees for that reason. Employers should be able to show that any negative employment decision had nothing to do with a leave request.