The U.S. Department of Labor (DOL) has released an updated version of the “Employee Rights Under the [Federal] Family and Medical Leave Act” poster (often referred to as the “General FMLA Notice”), along with a new employer’s guide to help employers comply with the law.
Background
The FMLA provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The law also includes certain family military leave entitlements.
Private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year must comply with the FMLA.
New Poster
The DOL released an April 2016 version of the FMLA poster that covered employers are required to display in a conspicuous place where employees and applicants can see it. A poster must be displayed at all locations even if there are no employees eligible for FMLA leave. If a covered employer has any eligible employees, it must also provide the general notice to each employee by including it in employee handbooks or other written guidance concerning employee benefits or leave rights (if such written materials exist—otherwise, the employer may distribute a copy of the general notice to each new employee upon hire).
(Note: According to the DOL, the February 2013 version of the FMLA poster is still valid and can be used to fulfill the posting requirement.)
Employer’s Guide
An employer’s guide was also released, which is designed to provide information about employers’ obligations under the law and the options available to employers in administering FMLA leave. Specific areas covered include:
- Covered employers under the FMLA and their general notice requirements;
- What to do when an employee needs FMLA leave;
- Qualifying reasons for leave;
- The certification process;
- Military family leave;
- What to do during an employee’s FMLA leave; and
- FMLA prohibitions.
The guide contains additional resources, including charts, examples, and citations for further information. Click here to view the guide.