Apr 28, 2016

New FMLA Poster and Employer Guide

The Department of Labor’s Wage and Hour Division (“WHD”) released two new materials concerning the Family and Medical Leave Act of 1993 (“FMLA”), including a revised poster to be displayed in the workplace and an employer’s guide to compliance.

First, employers are required to post a general notice informing employees of their rights under the FMLA in a conspicuous place where it can be seen by employees and applicants.  To ensure compliance, employers often choose to post a copy of the WHD’s pre-formatted FMLA notice.  As of April 2016, the WHD revised its Employee Rights under the FMLA poster.  The poster was reformatted to be more reader friendly than its previous version, but the information remains the same.  According to the WHD, the February 2013 version of the FMLA poster is still good and can be used to fulfill the posting requirement.

Second, the WHD released The Employer’s Guide to The Family and Medical Leave Act (“Guide”) to provide “essential information about the FMLA” and to assist employers in understanding their legal obligations and options available in administering leave under the FMLA.  The Guide contains step-by-step information for each phase of the leave process, including employee notification requirements, the certification process, procedures to follow during an employee’s leave, and Military Family Leave.  Employers will likely appreciate the Guide’s user friendly aspects such as flow charts, maps, and illustrations to clarify some of the FMLA’s finer points.

However, the Guide does not answer all issues that may arise under the FMLA.  Employers may still need to consult with a labor and employment attorney for complex issues such as structuring a cohesive policy to administer FMLA, circumstances under which FMLA may be denied, and the FMLA’s interaction with other laws.

If you have any questions regarding these issues raised in this client alert, please contact your labor and employment counsel at Smith, Gambrell & Russell, LLP.

This client alert is intended to inform clients and other interested parties about legal matters of current interest and is not intended as legal advice.


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