Employers May Use Either April 2016 or February 2013 Poster to Fulfill FMLA Posting Requirement
The U.S. Department of Labor (DOL) has released an updated version of the required “Employee Rights Under the 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.
The federal FMLA provides eligible employees of covered employers (including private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year) with unpaid, job-protected leave for specified family and medical reasons. The law also includes certain family military leave entitlements. Employers are required to maintain group health insurance coverage for an employee on FMLA leave on the same terms as if the employee continued to work.
Every employer covered by the FMLA is required to display a poster prepared by the DOL summarizing the major provisions of the law in a conspicuous place where employees and applicants can see it, even if there are no employees eligible for FMLA leave. An April 2016 version of the required FMLA poster is now available for employers; however, the February 2013 version of the FMLA poster is still valid and can be used to fulfill the posting requirement.
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).
New Employer’s Guide
A new 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. The guide contains resources such as charts, examples, and citations for further information.