Friday Breakdowns

Every Friday, one FMLA rule that costs employers protected leave.

The rule. The exceptions. The real-world scenarios. Written for HR leaders who do not have time to be wrong — and cannot afford the legal fees if they are.

Every breakdown cites its CFR section. Educational only — not legal advice.

April 25, 2026

29 CFR 825.308(c)

The 30-day floor on intermittent FMLA recertification requests

Employers may request recertification of an ongoing FMLA condition no more frequently than every 30 days. The exceptions — and the three scenarios where you can reset the clock early without waiting the full 30.

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April 18, 2026

California Gov Code § 12945.2 + 29 CFR 825

California CFRA and federal FMLA: the concurrent designation trap

If you do not affirmatively designate California CFRA and federal FMLA as running concurrently, you will grant the employee up to 24 weeks of protected leave instead of 12 — and you will not be able to undo it. The rule, the exceptions, and how to set the default correctly on day one of the case.

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April 11, 2026

29 CFR 825.300(d)(4)

The 5 business day rule that decides whether FMLA is FMLA

If the employer fails to provide the designation notice within 5 business days of having enough information to designate the leave as FMLA-qualifying, the employee keeps the leave as protected — and the employer loses the right to count it against the 12-week entitlement. The full rule, with real-world scenarios and the one-sentence email that starts the clock.

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