Intermittent FMLA designation is an estimate of time off, not a hard cap: A mail clerk with sickle cell anemia, was employed by the United States Postal Service (USPS) and had a history of attendance issues, some of which were covered by the Family Medical Leave Act (FMLA). To avoid termination, he entered into a Last Chance Agreement (LCA) that limited unscheduled absences and specified that FMLA-approved absences would not count against him if properly documented. After several disputed absences, some of which the plaintiff claimed were FMLA-protected, USPS terminated his employment for violating the LCA. The United States District Court for the Eastern District of Michigan granted summary judgment in favor of USPS and held that the plaintiff’s FMLA medical certification, which estimated two days of intermittent leave per month, created a hard cap on his FMLA leave. The United States Court of Appeals for the Sixth Circuit reversed the district court’s holding that the FMLA medical certification imposed a strict monthly limit on unforeseeable intermittent leave, clarifying that such certifications provide only estimates, not hard caps. Source: Jackson v. Postal Service, No. 24-1860 (6th U.S. Circuit Court of Appeals, 8/21/25)
How does your employer handle FMLA for remote employees? A worker informed a manager that she was pregnant and would soon need to take time away from work. She meets the 1250 hours requirement but not the 50 employees within 75 miles requirement. Our hypothetical employer grants the employee FMLA leave regardless, effectively ignoring the law’s so-called 50/75 rule. Indeed, many employers have historically waived this requirement according to Alexis Knapp, shareholder at Littler Mendelson, especially those with multiple worksites of various sizes. Such employers “didn’t like the idea, from an equity perspective, of having some employees get FMLA and others not,” Knapp added. The approach may be a mainstream practice among U.S. employers, according to a recent report by leave management vendor Sparrow. The company found that among a sample of employers whose leave policies it managed, 80% chose to assume that all of their employees met the 50/75 requirement. Source: HR Dive 8/4/25
Did you have second thoughts about your job during onboarding? Findings of a joint study from TalentLMS and BambooHR show that 39% of employees had second thoughts about their new roles during onboarding. The findings come despite the high levels of satisfaction among new hires when it comes to their onboarding process, with 73% saying they are somewhat and very satisfied with their experience. Gen Zs were most likely to have second thoughts during onboarding (49%), according to the report. They are followed by Millennials (42%), Gen X (36%), and Baby Boomers (29%). These doubts about their jobs come as the majority of surveyed employees identified various challenges in onboarding, with adjusting to the company's culture, values, or work style emerging as the top barrier (28%). The second-highest challenge for new hires is feeling overwhelmed with new information (27%). In fact, 52% of the respondents said their onboarding focused more on admin tasks than practical job training. Meanwhile, a quarter of employees also said a common challenge for them was fitting in and building connections with coworkers, as well as understanding the expectations of their supervisor. Source: Human Resources Director 7/15/25
How much do you have to save for retirement? According to Schroders' 2025 U.S. Retirement Survey, American workers believe they'll need $1.28 million to retire comfortably. However, just 30% of respondents expect to hit the $1 million mark, while less than half anticipate retiring with less than $500,000. 26% expect to have under $250,000. Overall, 81% of workplace plan participants say they're at least somewhat concerned about outliving their assets in retirement, the survey found. Despite this significant disconnect between retirement aspirations and financial realities, benefit managers have an opportunity to support their workforce through targeted benefits and education. Although 69% of respondents say their workplace retirement plan is their most important retirement asset, only 20% are taking advantage of features like auto-escalation, which can help steadily grow savings over time. On the flip side, 19% have actually decreased their contributions, most within the past two years, while 17% have borrowed against their retirement funds, the Schroders report found. These loans were often used to cover emergencies (29%), pay down debt (25%), or offset high living costs (22%). Financial planning and wellness training is an opportunity for employers as a high value benefit for employees at low to no cost. Source: EBN 7/21/25
Ohio enacts a state Warn Act: On September 29, 2025, Ohio’s mini-WARN statute becomes effective. Codified as Ohio Revised Code § 4113.31, the statute requires employers to “comply with all requirements in the WARN Act” and will require covered employers to provide at least 60 days’ written notice to employees or their union representatives in the event of a “plant closing” or “mass layoff.” Ohio’s mini-WARN statute also provides that “[t]he requirements specified in this section do not establish a different standard than that established by federal statutes and regulations.” Ohio’s mini-WARN statute explicitly adopts the definitions of “employer,” “plant closing,” and “mass layoff” from the WARN Act. Ohio’s mini-WARN statute requires employers to provide at least 60 days’ written notice to employees or their union representatives if both of the following apply: the employer employs 100 or more employees who, in total, work at least 4,000 hours per week; and the employer lays off 50 or more employees at a single site of employment during any 30-day period. The text of Ohio’s mini-WARN statute does not include the 33% of the workforce qualifier, but because the Ohio mini-WARN statute requires compliance with federal WARN, the same qualifier should apply. Source: Benesch Friedlander Coplan & Aronoff LLP 8/14/25