New DOL FMLA Guide and PosterMay 27, 2016
The Employer’s Guide to The Family Medical Leave Act
There are dozens of Fact Sheets and other guidance materials provided on the DOL FMLA page, including the comprehensive FMLA Employee Guide the DOL added in 2012. However, until now there was no comprehensive guide for employers explaining their rights and responsibilities under FMLA. The newly published FMLA Employer Guide presents the same information already provided in the other materials, but organizes the information into an easy-to-navigate format.
Employee Rights Under The Family Medical Leave Act (general notice/poster)
All covered employers are required to post a general notice of FMLA rights at all work locations, even if there are no FMLA-eligible employees at the location. The notice must be posted “prominently where it can be readily seen by employees and applicants for employment.” The notice may be posted electronically, if the DOL’s electronic posting requirements are satisfied. Additionally, if the covered employer has any FMLA-eligible employees, then the employer must provide the general notice to each employee upon hire.
The new general notice does not contain any substantively new information that was not included in the previous (2013) version. The DOL is not requiring employers to replace existing general notices with the new version as long as the employer’s current notice is compliant. However, employers are encouraged to use the new version since the purpose of the reorganization was to provide a more reader-friendly format that employees may find helpful.