As we outlined in our February 13, 2013 Client Alert, the U.S. Department of Labor (“DOL”) issued new Family and Medical Leave Act (“FMLA”) regulations that will take effect on March 8, 2013.
The new regulations include the requirement that covered employers must use new forms and display a new notice poster in a conspicuous place where applicants and employees may see it.
The revised forms are available through the following links:
- 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 Designation Notice
- WH-384 Certification of Qualifying Exigency For Military Family Leave
- WH-385 Certification for Serious Injury or Illness of a Current Servicemember — for Military Family Leave
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
The new notice poster is available on the DOL’s web site and may be accessed by clicking here. Electronic posting is permitted if it meets the requirements of the regulations.
All employers should keep in mind that state laws requiring family and medical leave obligations might provide coverage for more employees and greater leave entitlement than the federal law.
By March 8, 2013, employers should review their FMLA policies to ensure they comply with the new regulations and replace their FMLA posters and forms with the new ones. If you have any questions about these issues, be sure to contact your Employment counsel at Smith, Gambrell, & Russell, LLP.