The EEOC recently published an FAQ-style technical assistance document addressing telework accommodations for federal employees with disabilities. Read more about what lessons this offers to private sector employers: EEOC’s Recent FAQs for Federal Sector Agencies Regarding Remote Work for Disabled Employees: How Do These FAQs Impact Private Employers? – Jackson Lewis

A law signed by New Jersey Gov. Murphy in his final days in office expands the New Jersey Family Leave Act to smaller employers and lowers the requirements for employee eligibility beginning on or about July 17, 2026. The new law also arguably provides employees who receive Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits with job-protected leave. Our New Jersey colleagues provide a deep dive on employers’ obligations here: New NJ Family Leave Act Broadens Employee Access and Benefits, Complicates Employer Compliance – Jackson Lewis

Late yesterday, the 5th Circuit Court of Appeals vacated the split panel opinion from August allowing enforcement of the Pregnant Workers Fairness Act (PWFA) against the state of Texas. The issue is whether the U.S. Constitution required House lawmakers’ physical presence to have a quorum when the PWFA was approved as part of the Consolidated Appropriations Act in December 2022.

Texas filed suit against the federal government shortly after President Biden signed the Consolidated Appropriations Act in December 2022, claiming the PWFA could not be enforced against it because Congress violated the U.S. Constitution when it passed the bill relying on the COVID-19-pandemic-era rule permitting non-present members of Congress to be included in the quorum count and vote by proxy.

On Aug. 15, 2025, a divided panel of the 5th Circuit Court of Appeals held that the PWFA was constitutionally enacted because the Quorum Clause did not require members of Congress to be physically present when they enacted the Consolidated Appropriations Act of 2023, which included the PWFA.  The 5th Circuit’s August decision reversed the Northern District of Texas’ Feb. 27, 2024 decision permanently enjoining the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) from enforcing  the PWFA against  the State of Texas and its agencies.

The scope of the district court’s injunction is narrow. The EEOC and other federal agencies are enjoined only from enforcing the PWFA against the State of Texas. The injunction does not extend to any private employers or other governmental employers.

The California Department of Labor Standards Enforcement recently released a revised Healthy Workplaces/Healthy Families Act (HWHFA) poster reflecting recent amendments to the state paid sick leave law. California employers must promptly update their workplace postings. Our California colleagues offer additional insights here.

On November 20, 2025, the Philadelphia City Council amended the Philadelphia Fair Practices Ordinance (PFPO) to prohibit discrimination against employees based on menstruation, perimenopause, and menopause.

Starting January 1, 2027, Philadelphia employers must, upon request, provide reasonable accommodations “for needs related to menstruation, perimenopause, or menopause, if the symptoms of menstruation, perimenopause, or menopause substantially interfere with an employee’s ability to perform one or more job functions,” unless doing so would cause the employer an undue hardship.

Because menstruation, perimenopause, and menopause are not explicitly recognized as protected classes under Pennsylvania or federal law, employers should be aware of these unique obligations and employee protections. While Rhode Island adopted a law in June 2025 requiring employers to provide workplace accommodations for job applicants and employees experiencing menopause and menopause-related medical conditions, Philadelphia’s ordinance specifically addresses menstruation. Philadelphia is the first major American city to include menstruation, perimenopause, and menopause among its list of protected classes.

The PFPO was last amended on January 16, 2023 to provide employees with protection on the basis of their reproductive health autonomy.  

Employers already familiar with engaging in the interactive process can follow a similar protocol when providing accommodations to those experiencing symptoms of menstruation, perimenopause, or menopause. Before the ordinance goes into effect, however, employers may consider reviewing their policies and accommodation practices as well as training managers and human resources teams.

Minnesota employers should be prepared for significant changes in the leave law landscape in 2026. The statewide Paid Leave program rolls out on Jan. 1, 2026, and Minneapolis and Saint Paul both recently amended their Earned Sick and Safe Time Laws. Our Minnesota colleagues outline key compliance considerations and next steps for employers. Read the full analysis here: Countdown to 2026: Essential Paid Leave, Earned Sick and Safe Time Updates for Minnesota Employers – Jackson Lewis

The Illinois legislature enacted a number of measures in 2025 that will impact employers’ leave and accommodation policies and practices.  Employers should be aware of important changes with regard to military leave, blood and organ donation leave, leave to care for a child in neonatal intensive care, and more.  Our Illinois colleagues provide a comprehensive summary of those developments here.

Beginning February 22, 2026, amendments to New York City’s Earned Safe and Sick Time Act go into effect expanding employee rights and increasing employers’ safe and sick time compliance obligations. Among other things, employers will be required to frontload 32 hours of unpaid safe and sick time to covered employees immediately upon hire and at the start of each calendar year. The amendments also broaden the qualifying reasons for using safe and sick time. Read more about these important changes from our New York colleagues here.

Effective October 1, 2025, Maryland House Bill 895, titled the Employment and Insurance Equality for Service Members Act broadens the definition of “Uniformed Services” to include not only the Armed Forces, but also the Commissioned Corps of the Public Health Service and the National Oceanic and Atmospheric Administration (“NOAA”).  This expansion has two key implications for employees and employers: 

  1. Broader Eligibility for Paid Leave: Employees with covered family members serving in these newly recognized branches may now qualify for paid leave under the FAMLI program. This includes leave to care for a service member with a serious health condition resulting from active duty. 
  1. Expanded Access to Exigency Leave: While the types of qualifying exigencies—such as attending deployment-related events, arranging childcare, or spending time with a service member on short-term leave—remain unchanged, the pool of eligible employees has grown due to the broader definition of “Uniformed Services.” 

Although these changes take effect in October 2025, employers should note that the implementation of the FAMLI program itself has been delayed. Contributions are now scheduled to begin on January 1, 2027, with benefits available starting January 3, 2028. 

Employers should review their leave policies and update any references to “military” or “armed forces” to reflect the new “Uniformed Services” terminology.