DOL Issues New FMLA Poster and Guidance

Contributed by Scott R. Leah

As any employer should know, there are certain posters that you are required to display that inform employees of their rights under the various employment laws.  One of those posters advises them of their rights under the Family and Medical Leave Act (FMLA).

The Department of Labor (DOL) periodically revises those posters to ensure that they are up to date with any changes the law and regulations.  They have now done so with the FMLA poster.  At the same time, the DOL issued a new publication titled “The Employers Guide to the Family and Medical Leave Act.”

The new guide is intended to provide basic information and answers to employers regarding the FMLA.  Here is a link to the guide, which you may want to print and keep as a reference tool:

http://www.fmlainsights.com/wp-content/uploads/sites/311/2016/04/FMLA-Guide-for-Employers.pdf

Here is a link to the new poster, which all “covered” employers are required to post:

https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

Keep in mind that an employer must do more than display the poster.  Covered employers must also provide certain notices to employees (often done through a separate FMLA policy or in an employee handbook).  Not only are such notices required, but they are critical to employers as in them an employer can make certain elections.  If the employer does not make those elections, the employee gets the benefit of the election most favorable to them.

If you have any questions about the FMLA, whether you are a covered employer, what your obligations are as an employer, or what your employee’s rights and obligations are, or the important notices and elections which all covered employers must do, please do not hesitate to contact
Scott Leah.