Answering FAQ’s on FMLA, ADA, PWFA, and
State Paid and Sick Leave Laws.

Helping to support you every step of the way.

FMLA Compliance FAQ
ADA Compliance FAQ
PWFA Compliance FAQ
State Paid & Sick Leave FAQ

FMLA FAQ

Family Medical Leave Act

FMLA
What is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying medical and family reasons, including serious health conditions, childbirth, bonding, and caregiving.

 

Employers must maintain group health benefits during leave and restore employees to the same or an equivalent position upon return.

FMLA and state PFML programs can run concurrently if the reason qualifies under both laws.

 

However:

  • Employers must follow proper designation procedures.
  • Concurrency is not automatic.
  • Eligibility must be verified under each law.

 

Failure to properly designate leave can result in extended entitlement exposure.

No. If an employee is receiving wage replacement through a state PFML program, employers cannot unilaterally require PTO substitution, because FMLA is not considered “unpaid” in that scenario.

 

Employers and employees may mutually agree to supplement benefits with PTO (“top-up”), but the agreement should be documented.

If an employee takes an entire week of FMLA leave that includes a paid holiday, the full week counts toward FMLA.

 

If the employee works part of the week, the holiday generally does not count unless they were scheduled to work that day.

Under 29 C.F.R. § 825.500, employers must retain FMLA records for at least three years.

 

Documentation includes:

  • Leave dates
  • Notices provided
  • Medical certifications
  • Eligibility determinations
  • Payroll data

 

Certain states may require longer retention.

Yes, if…

  • The visit includes live two-way video,
  • An exam or evaluation occurs,
  • The provider is licensed under applicable state law.

 

Phone calls, emails, or text-only communications do not qualify.

  • Failing to designate leave properly
  • Misapplying concurrency rules
  • Poor intermittent tracking
  • Improper PTO substitution
  • Weak documentation

 

Consistency and centralized tracking are critical.

ADA FAQ

Americans with Disabilities Act

What is the ADA?

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would create an undue hardship.

 

A disability is a condition that substantially limits a major life activity.

The interactive process is a good-faith dialogue between employer and employee to determine reasonable accommodations.

 

Employers should:

  • Document each step
  • Explore alternatives
  • Evaluate essential job functions
  • Provide written follow-ups

 

Failure to document is a major litigation risk.

Undue hardship means significant difficulty or expense based on:

  • Employer size
  • Financial resources
  • Operational impact

 

Hardship must be documented and analyzed individually.

Courts generally hold that indefinite leave without a likely return date is not reasonable.

 

Best practice:

  • Time-box extensions (30/60/90 days)
  • Require updated medical information
  • Offer phased return-to-work options

Yes. The ADA does not excuse policy violations or dishonesty.

 

Misconduct and disability status are evaluated separately, but discipline must be applied consistently.

No. The Supreme Court held retirees lack standing under Title I of the ADA unless they were qualified employees at the time of the alleged discrimination.

If remote work was previously allowed, employers may have difficulty arguing that in-person presence is always essential.

 

Employers should:

  • Define essential functions clearly
  • Document productivity outcomes
  • Consider partial or trial arrangements
ADA

PWFA FAQ

Pregnant Workers Fairness Act

PWFA
What is the PWFA?

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions, even if the condition is not a disability.

  • ADA requires a qualifying disability.
  • PWFA applies to pregnancy-related limitations regardless of disability status.
  • Employers cannot force leave if another accommodation allows continued work.

Under PWFA, no. Employers must explore reasonable accommodations before defaulting to leave.

 

A “leave-first” approach violates the statute.

Similar to ADA, but courts expect serious consideration of temporary accommodations before denial. Documentation is essential.

A federal court vacated the EEOC’s interpretation, including elective abortion under PWFA’s “related medical conditions.” Other pregnancy-related protections remain intact.

 

Texas state agencies are now subject to EEOC enforcement under PWFA following a Fifth Circuit ruling.

Recent EEOC lawsuits highlight:

  • Forcing pregnant workers onto leave
  • Failing to engage in interactive dialogue
  • Poor documentation of alternatives considered

What must employers provide?

  • Reasonable break time
  • A private space (not a bathroom)
  • Shielded from view
  • Accessible as needed
  • Functional (chair, flat surface, outlet)

 

Break frequency cannot be capped arbitrarily.

 

What are common compliance pitfalls?

  • Using a bathroom as a lactation space
  • Requiring supervisor approval each time
  • Failing to pay non-exempt employees working while pumping
  • No backup plan for overlapping use

 

Employers should audit sites annually.

State Paid Leave & Sick Leave Laws

Why is multi-state leave compliance challenging?

States vary in:

  • Accrual rates
  • Carryover caps
  • Benefit caps
  • Contribution rates
  • Notice requirements
  • Family definitions

 

Remote employees are covered based on work location, not company headquarters.

  • Alaska: Up to 56 hours paid sick leave
  • Michigan: Up to 72 hours paid sick leave
  • Minnesota: Paid Leave program effective 2026
  • Maine: PFML contributions active; benefits start 2026
  • Maryland: Delayed until 2028
  • Missouri: Paid sick leave repeal effective August 28
  • Washington: Expanded job restoration protections effective 2026
  • Rhode Island: Menopause accommodation protections
  • Philadelphia: Menstruation and menopause protections effective 2027

Effective January 1, 2025, all private-sector NY employers must provide 20 hours of paid prenatal leave annually.

  • No accrual requirement
  • Immediate eligibility
  • Separate from sick leave
  • Paid at regular rate
  • Hourly increments allowed

 

Covers prenatal care and fertility treatments.

Effective January 1, 2024, ESST requires paid leave for:

  • Illness
  • Caregiving
  • Domestic violence
  • Public emergencies

 

Requires accrual tracking and notice compliance.

  • Up to 12+ weeks annually
  • Broader family definition
  • 88% payroll tax
  • Applies regardless of employer size
  • Safety leave included
  • Federal FMLA: 3 years
  • California (CFRA): 4 years
  • New York PFL: 6 years
  • New Jersey: 3 years

 

Employers should adopt the longest applicable timeline.

  • Ask for identification
  • Request warrant
  • Distinguish judicial vs administrative warrant
  • Contact legal counsel
  • Do not voluntarily consent to private area access

 

I-9 audits allow 3 business days to respond. Employees have right to remain silent.

Rules vary by state:

  • Texas: Paid time off unless 2 consecutive non-work hours available
  • Wisconsin: Up to 3 consecutive hours
  • California: Notice posting required 10 days before election

Federal law prohibits retaliation, but pay requirements vary by state. Employers should publish clear, plain-language policies.

Yes, if it meets the definitions of a serious health condition or disability.

 

Best practices:

  • Time-boxed accommodations
  • Phased returns
  • Regular documented check-ins
  • Centralized tracking

 

Mental health is now one of the leading drivers of leave requests.

  • Centralized case management
  • Consistent documentation
  • Formal interactive process scripts
  • Manager training
  • Dashboard tracking of trends
  • Audit-ready exports

 

Manual, disconnected systems create compliance gaps.

As CHRO responsibilities expand, many organizations outsource complex leave administration.

 

Employers should evaluate:

  • Legal oversight capability
  • Documentation consistency
  • Multi-state expertise
  • Audit readiness
  • Technology integration

 

Not all TPAs are equal.

State Paid and Sick Leave Laws

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