Intermittent leave is a minefield when the federal Family and Medical Leave Act (FMLA) meets state paid family and medical leave.
Stephanie Mills-Gallan, an attorney with Littler in Milwaukee and Chicago, explains how differing rules on leave increments, employer consent for bonding, minimum claim durations, eligibility, and pay supplementation complicate coordination. Examples span Oregon’s day-based payouts, Washington state's minimum hours, and states allowing intermittent bonding without consent. Build clear policies and forms to align benefits and avoid stacking risks — details vary by program.
"Employers should be aware of these intersecting rules and develop clear policies and procedures relating to the integration of employer-administered leave and state-administered benefits," Mills-Gallan said.
Coordinating federal intermittent leave requirements with state paid leave laws isn't the only recent workplace compliance trend. Here are other recent trends and news.
Former EEOC Leaders to Share Insights on Workplace Inclusion
At SHRM BLUEPRINT 2025, taking place on Oct. 27 in Louisville, Ky., former Equal Employment Opportunity Commission (EEOC) leaders Jenny Yang and Victoria Lipnic will unpack how shifting federal actions are reshaping workplace inclusion and compliance. Yang will reflect on her tenure — including her work regarding pay data collection, harassment prevention, and LGBTQ+ protections — and weigh in on recent moves, such as the curbing of disparate-impact enforcement and dismissals of gender identity cases. Learn the risks to watch out for and how to stay within the requirements of anti-discrimination laws.
4th Circuit Reversal Says Job Reassignment Can Be Adverse Action
After the Supreme Court’s Muldrow v. City of St. Louis ruling lowered the bar to "some disadvantageous change," the 4th U.S. Circuit Court of Appeals revived an employee’s claims, holding that a lateral reassignment without pay or benefit loss can be adverse and potentially retaliatory.
The Big Beautiful Bill: Redefining Benefits and Employer Obligations
The One Big Beautiful Bill Act reshapes benefits through incentives, not mandates. Highlights of the law include new payroll credits with added reporting; retroactive federal overtime reporting outside the W2; expanded eligibility for part-time and some tip-based contractors; a permanent paid-leave credit; broader health savings account use; optional “Trump Account” IRAs for employees' children; and permanent, inflation-indexed student loan aid under Section 127.
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