Employee absence continues to become more and more complex. As we look toward 2026, understanding absence trends and recent developments will help prepare your organization and equip HR professionals with necessary information to address leave concerns. Staying ahead of these shifts is essential for maintaining a healthy, productive, and engaged workforce. Here are the most important trends coming out of 2025 and what to watch for in 2026:
The Pregnant Workers Fairness Act (PWFA): Exercise Caution
It’s been a little over a year since the Pregnant Workers Fairness Act regulations were enacted and while they were helpful, many questions remain. As an accommodation law with a similar structure to the ADA, much of the guidance will come from the courts. And although many PWFA complaints have been filed in federal court, we haven’t yet seen any courts render decisions. Given the ambiguity in the law, employers should exercise caution when it comes to pregnancy accommodations.
Considering the “Honest Belief” Defense
“Honest belief” keeps on rolling! Over the last ten years, some courts have held that employers can take action against an employee if they have an “honest belief” that an employee is misusing leave.
As employment relationships (and therefore court decisions) become more complex, most courts continue to be supportive of the doctrine, particularly where the employer has conducted an impartial investigation. In 2025, we continued to see courts adopt this legal theory which bodes well for employers.
Costly ADA Judgments and Accommodations
While not every ADA judgment end up in costly verdicts, we’ve certainly seen an increase in seismic damage awards – $27 million, $22 million, and $1 million were awarded in recent cases. The bad news is that at least some juries seem to be less than sympathetic and in the case with the largest award, the court noted that the employer’s profits (which were more than $18 million per day) were considered relevant in determining an appropriate punishment (punitive damages alone in that case were $25 million!).
The good news is that the errors made by these employers involved many of the same challenging issues we’ve been addressing for years. For example, remote work, “100% healed policies,” and fitness for duty. That’s not to say those are easy questions, but they are solvable, and we know we can assist employers navigate the complexities inherent in these issues.
Manager Communications as a Cause for Concern
Managers greatly impact employees and must be informed of best practices relating to leave of absences. According to a recent DMEC survey, 79% of employers say training managers around the FMLA is challenging, but poor communication with employees can get employers into trouble. The courts’ decisions continue to demonstrate that managers need help with knowing what they can and should do, and maybe even more importantly, what they should not do. If training is not an option, employers should consider reducing the role managers play in employee leaves.
A Need to Integrate Mental Health Support
To address the absence trends for 2026, organizations need to adopt a proactive and holistic approach. Stress, due to caregiving or other responsibilities, can worsen physical ailments, exacerbating the need for leave in some cases. Our recent study found that when employees used available behavioral health services, leave duration was shortened by 6 days, no matter the reason for leave.
Integrated solutions, such as Employee Assistance Programs (EAPs) that work directly with absence management providers, can provide a seamless experience for employees. This holistic approach not only supports the employee but also reduces the likelihood of extended or frequent absences.
Invest in a Culture of Well-being
Ultimately, the most effective way to reduce unplanned absenteeism is to build a workplace where employees feel valued, supported, and psychologically safe. This starts with leadership. Managers trained to recognize signs of burnout, lead with empathy, and encourage open conversations about mental health can make a significant difference.
Providing resources to help manage stress, like well-being coaching, go a long way in supporting the employee as a person and preventing small issues from becoming large health concerns that may cause them to be absent from work. When an organization prioritizes the well-being of its people, it creates a resilient workforce that is healthier, happier, and more present.
Conclusion: Preparing for the Future of Work
The absence trends for 2026 paint a clear picture: the workforce is facing new and complex challenges. New regulations, remote work, mental health, caregiving, manager training, the PWFA and more continue to be at the forefront of the conversation.
Employers who recognize these as priorities and act proactively will be best positioned for success in 2026. Learn more about how we can help prepare your team for the year ahead by learning more about AbsenceResources.
