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Risk Advisor Konnect: January 2026

By Drew Lester • 01/09/2026

January 2026 Industry Compliance Update: OSHA Logs & Managing Benefits During Leave

Staying compliant with employment and safety regulations can feel like a moving target—especially at the start of a new year. Below are two key areas employers should keep top of mind in early 2026: OSHA injury and illness recordkeeping and employee benefits during FMLA and ADA leave.

OSHA Log Requirements: What Employers Need to Know

What Is an OSHA Log?

OSHA requires employers to track work-related injuries and illnesses using the following forms:

  • OSHA Form 300 – Log of Work-Related Injuries and Illnesses

  • OSHA Form 301 – Injury and Illness Incident Report

  • OSHA Form 300A – Annual Summary

Recordable cases generally include incidents involving:

  • Medical treatment beyond first aid

  • Lost workdays or restricted duty

  • Loss of consciousness

  • Significant diagnosed conditions

Who Must Keep OSHA Logs?

Most employers with 11 or more employees must maintain OSHA injury and illness records unless they fall into a partially exempt low-hazard industry.

Even exempt employers must still report severe incidents, including:

  • Work-related fatalities

  • In-patient hospitalizations

  • Amputations

  • Loss of an eye

When Must the OSHA 300A Be Posted?

  • Posting period: February 1 – April 30

  • Must be displayed in a visible area where employee notices are normally posted

  • Must be posted even if no injuries or illnesses occurred

  • Must be certified by a company executive

Record Retention Requirements

Employers must retain OSHA recordkeeping forms for five (5) years following the end of the calendar year covered.

OSHA ITA: Electronic Reporting

Certain employers are required to submit injury and illness data electronically through OSHA’s Injury Tracking Application (ITA).

Who must submit:

  • Establishments with 250+ employees required to keep OSHA records

  • Establishments with 20–249 employees in designated high-hazard industries

Annual deadline: March 2

Managing Employee Benefits During FMLA and ADA Leave

Extended leaves of absence bring added responsibility for employers—especially when it comes to employee benefits. FMLA and ADA leave are governed by different rules, so understanding the distinctions is critical.

Family and Medical Leave Act (FMLA)

Under FMLA, employers must continue group health benefits as if the employee were actively working. Employees remain responsible for paying their portion of the premium.

If an employee fails to pay their share, coverage may be cancelled—but only after the employer follows the proper notification process.

Best practice:
Before leave begins, inform employees (in writing) of:

  • Their portion of benefit costs

  • When payments are due

  • How payments should be made

The Department of Labor’s Notice of Rights and Responsibilities under the FMLA form is a helpful tool for documenting these expectations and communicating other required details.

Americans with Disabilities Act (ADA)

Unlike FMLA, the ADA does not require employers to continue medical benefits during leave. Benefit continuation is determined by the company’s Summary Plan Documents (SPDs).

It’s critical to review plan documents carefully:

  • Providing benefits when an employee is ineligible could make the employer financially responsible for uncovered claims

  • Failure to send timely COBRA notices (when applicable) can result in significant penalties

Don’t Forget State & Local Laws

Some states expand employee protections or require benefit continuation beyond federal requirements. Always confirm state and local regulations before making decisions.

Other Benefit Considerations During Leave

Paid Time Off (PTO)

Policies should clearly state whether employees must use accrued vacation, sick time, or PTO before transitioning to unpaid leave.

Important FMLA reminder:
If an employer becomes aware of a qualifying reason for FMLA leave, the leave must be designated as FMLA for eligible employees. Employees cannot delay FMLA designation by choosing to use PTO first. Paid time off must run concurrently with FMLA leave.

Bonus Eligibility

If non-discretionary bonuses are tied to attendance or performance, policies should clearly define how bonuses are earned and whether employees remain eligible while on leave.

Commission Pay

Commission is generally considered compensation and must be paid. However, when work is completed by another employee during a leave, commission plans should clearly outline who is entitled to payment.

Keys to Success for Employers

Communication
Clear, proactive communication helps employees make informed decisions and reduces confusion during leave.

Consistency
Apply policies consistently across all employees to avoid discrimination claims or unintended precedents.

Compliance
Leave administration is complex. Ensure those responsible understand company policies and applicable federal, state, and local laws.

How Risk Advisor Konnect Can Help

Risk Advisor Konnect provides direct access to expert guidance on:

  1. Safety & OSHA Compliance

  2. Human Resources

  3. Claims Management

  4. DOT / FMCSA Compliance

Some common questions we help answer:

  • Do I need to keep OSHA 300 logs or report this to OSHA?

  • Is an employee auto accident a workers’ comp claim or an auto claim?

  • How do we ensure drivers meet FMCSA qualification standards?

  • An employee reported harassment—what should I do next?

All Lester Insurance Commercial Customers have access to Risk Advisor Konnect

Call 888.976.7565 or email myriskadvisor@keystoneinsgrp.com

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