Staying compliant with FMLA in 2026 requires broad knowledge. You must track where employees work because new PFML programs 2026 launch in states like Delaware and Minnesota. 

Recent DOL opinion letter FMLA updates changed how you handle PTO and mandatory overtime. These shifts affect your FMLA employer obligations and how you manage FMLA leave. If you ignore FMLA changes, you risk legal trouble. 

This guide breaks down the latest family and medical leave act rules so you can update your policies today and stay ahead of new requirements.

What FMLA Covers in 2026: The Federal Baseline Every Employer Must Know

Understanding the federal rules for FMLA helps you avoid costly mistakes. While state laws change often, the federal family and medical leave act provides the foundation for job-protected leave across the country. You must know these basics to manage FMLA leave correctly for your team.

1. Who Is Covered in Employer and Employee Eligibility Thresholds

The FMLA eligibility requirements remain the same for 2026. Your business must follow these rules if you have 50 or more employees. To qualify, your workers must meet these points:

• They worked for you for at least 12 months.

• They clocked 1,250 hours in the year before their leave starts.

• They work at a site with 50 people within 75 miles.

2. Qualifying Reasons for FMLA Leave in 2026

Employees use FMLA for specific life events. This includes bonding with a new child or treating a serious health condition. You may also need to process FMLA certification for workers caring for a spouse or parent. If a worker needs time for military family needs, they get special job-protected leave rights.

3. The Two 12-Month Period Calculation Methods

You choose how to track the 12-month period for FMLA. Most employers use the rolling backward method to prevent leave stacking. Once you pick a method, apply it to everyone to meet your FMLA employer obligations.

Mastering these baseline rules ensures you handle standard requests properly before addressing more complex updates.

3 FMLA Rules That Changed in 2025–2026 (DOL Guidance Every Employer Must Update Policies For)

The federal government updated several FMLA rules recently. You must adjust your handbooks to match new DOL opinion letter FMLA guidance. Failing to update your FMLA employer obligations leads to compliance gaps and potential lawsuits.

1. DOL Opinion Letter FMLA-2025-01-A — Restricted PTO Substitution

This ruling stops you from forcing workers to use vacation time while they receive paid family and medical leave. If an employee gets state PFML programs 2026 benefits, you cannot unilaterally substitute their PTO. You can only use PTO if the worker agrees to "top off" their state pay.

2. DOL Opinion Letter FMLA-2025-02-A: Mandatory Overtime

The family and medical leave act now requires you to look closely at work schedules. If you require overtime, those hours now count toward the 1,250-hour FMLA eligibility requirements.

• Use the actual schedule to calculate FMLA entitlement.

• If a worker usually does 50 hours a week, they get 600 total hours of job-protected leave.

• This prevents workers from losing FMLA protection because of heavy workloads.

3. Washington State 2026 Amendments

Washington updated its rules to cover more people. The threshold for job-protected leave dropped to 25 employees. You must also give a specific FMLA notice requirements document within five days to prevent FMLA and state leave stacking. If you miss this window, the worker might get more than 12 weeks off.

These updates show that the family and medical leave act changes based on modern work habits. Once you update your internal policies for these rules, you need to look at how they interact with specific state benefits.

The following table highlights the specific shifts in FMLA employer obligations triggered by new DOL opinion letter FMLA updates and state legislative moves.

FMLA and State PFML in 2026: How Federal Leave and New State Programs Interact

The interaction between federal and state laws is becoming more complex. You must understand how FMLA works alongside the surge of state-level paid family and medical leave programs to prevent gaps in your coverage.

A) The 4 New State PFML Programs That Launched in 2026

Four states introduced or expanded PFML programs 2026 this year, changing your FMLA employer obligations significantly:

• Delaware: Starting January 1, workers get 80% of their wages. You provide 12 weeks for bonding and six weeks for medical needs.

• Minnesota: This program offers a huge benefit of up to 20 weeks combined for medical and family needs. You must track this carefully against the standard 12-week FMLA leave limit.

• Maine: Benefits began May 1. Most workers here qualify for job-protected leave after just 120 days of work.

• Colorado (Expanded): Parents now get an extra 12 weeks of pay if their baby is in the NICU. This creates a potential for 28 weeks of total leave when combined with FMLA.

B) The Stacking Problem

You face a major risk with FMLA and state leave stacking. If you do not manage these together, an employee might take 12 weeks of federal FMLA and then another 12 weeks of state leave. 

To stop this, you must designate the leave as concurrent from the first day. Washington now requires a specific notice within five business days to ensure FMLA and state leave run at the same time. If you miss this deadline, you lose the right to count them together.

Managing these overlapping timelines requires precision and the right tools to avoid doubling your leave liability.

How DianaHR Keeps Your Business FMLA-Compliant Across Every U.S. State in 2026

Managing FMLA across multiple locations often drains your time. DianaHR automates your FMLA employer obligations, reducing HR costs by 60% and saving you 20 hours weekly. 

Our platform tracks FMLA eligibility requirements and state-specific PFML programs 2026 updates automatically.

DianaHR Special Capabilities:

• AI-Driven Compliance: Automates payroll taxes and FMLA registrations across 40+ states.

• Human Expertise: You get a dedicated HR specialist to manage your FMLA certification and policies.

• Smart Integrations: Connects with Gusto, ADP, or Rippling to track FMLA leave without switching tools.

• Task Automation: Eliminates 60% of manual workloads for family and medical leave act workflows.

This system turns complex FMLA tasks into a streamlined process, allowing you to focus on growth. Check out how DianaHR simplifies FMLA and helps your business scale faster → Explore DianaHR

Conclusion

Federal FMLA compliance in 2026 is a moving target. Tracking FMLA eligibility requirements while juggling four new PFML programs 2026 creates a massive administrative burden. 

Mismanaging intermittent FMLA leave or failing to provide FMLA notice requirements triggers severe consequences. One mistake leads to back-pay liability, liquidated damages, and painful DOL audits that drain your resources. These legal traps easily derail a growing company. 

DianaHR eliminates this risk by automating FMLA certification and state-specific notices. You get a streamlined system that handles every family and medical leave act in detail, keeping your business safe and your focus on the future.

Connect to DianaHR to automate your FMLA workflows and protect your business from costly compliance gaps.

FAQs

1. Who qualifies for FMLA leave in 2026?

To meet FMLA eligibility requirements in 2026, you must work for a covered employer for 12 months and clock 1,250 hours. While federal FMLA leave stays at 50 employees, state laws now protect workers at smaller companies with just 25 staff. 

2. Can an employer require employees to use PTO during FMLA leave in 2026?

Per DOL opinion letter FMLA 2025-01-A, you cannot force PTO substitution while workers receive paid family and medical leave benefits. You can only mandate PTO for unpaid portions of FMLA leave, ensuring you remain compliant with updated FMLA employer obligations. 

3. How does FMLA interact with state paid family and medical leave programs in 2026?

New PFML programs 2026 require precision to avoid FMLA and state leave stacking. You should designate leaves concurrently from day one. Proper FMLA notice requirements help you manage these overlapping timelines, ensuring family and medical leave act benefits run together smoothly.

4. Does mandatory overtime count toward FMLA eligibility?

Yes. DOL opinion letter FMLA 2025-02-A confirms mandatory overtime counts toward the 1,250-hour threshold. These hours also expand the total job-protected leave bucket. You must calculate FMLA entitlement based on actual required schedules rather than a default 40-hour workweek.

5. What notice must an employer give when an employee requests FMLA leave?

You must deliver FMLA notice requirements within five business days of a request. This includes a Notice of Eligibility and a later Designation Notice confirming FMLA leave status. Accurate FMLA certification tracking is essential to meet your legal FMLA employer obligations. 

6. What are the employer penalties for FMLA violations?

Violating the family and medical leave act results in back pay and costly liquidated damages. Courts often double these penalties for willful neglect. Neglecting FMLA employer obligations during PFML programs 2026 transitions creates high risk, making automated compliance tools more important than ever.