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New FMLA Poster and Forms Now Available
The final regulations of the Family and Medical Leave Act (FMLA) went into effect on January 16. Employers are now required to comply with the final regulations, including the general notice and forms requirements.
General Notice Requirement
All employers who are covered by FMLA must post a general notice explaining the Act's provisions and providing information on procedures for filing complaints for violations of the Act, even if they have no FMLA-eligible employees. This notice must be prominently posted where it can be seen by employees and applicants. Benecon recommends using the updated FMLA poster, now available on the Department of Labor's (DOL) website (www.dol.gov/esa/whd/fmla/finalrule.htm) to fulfill this general notice requirement.
FMLA-covered employers also must provide this general notice to each employee in an employee handbook or similar written document upon hiring. Employers that do not have an employee handbook or similar written document must distribute a copy of the general notice to each new employee upon hiring. The FMLA poster can be used for this purpose as well.
New Forms
The DOL has changed all of the forms associated with FMLA leave. The new forms are also available on the DOL website (www.dol.gov/esa/whd/fmla/finalrule.htm). Benecon recommends using the DOL forms to ensure employer compliance with all correspondence provisions of the Act. The new forms are:
WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition
WH-380-F Certification of Health Care Provider for Family Member's Serious Health Condition
WH-381 Notice of Eligibility and Rights & Responsibilities
WH-382 FMLA Designation Notice
WH-384 Certification of Qualifying Exigency for Military Family Leave
WH-358 Certification of Serious Injury or Illness of Covered Servicemember for Military Family Leave
FMLA Policies
Covered employers should revise their FMLA policies to be in compliance with the final regulations. Benecon can help employers amend existing policies or create new FMLA policies for employers who do not already have them. Contact us for more information.
This BeneFlash is provided for informational purposes only and does not constitute legal advice. This BeneFlash contains only a summary of the applicable legal provisions and does not purport to cover every aspect of any particular law, regulation, or requirement. Depending on the specific facts of any situation, there may be additional or different requirements. Please use this BeneFlash as a guide and not as a definitive description of your compliance obligations.
© 2009 The Benecon Group. All Rights Reserved.
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