The Federal Department of Labor has recently released a new Family and Medical Leave Act (FMLA) poster for use by employers covered by the FMLA (those with 50 or more employees).
The new poster, dated April 2016, is reformatted and contains additional information on service member, caregiver leave, intermittent leave, and use of accrued paid leave as well as new information on requesting FMLA leave.
The poster can be found at: http://www.dol.gov/whd/fmla/employerguide.htm
The DOL has stated that the previous version of the FMLA poster (dated February 2013) can still be used to fulfill the posting requirement.
Employer Obligations: Poster Requirements
Every employer covered by the FMLA is required to post a general notice explaining the Act’s provisions and providing information regarding the procedures for filing complaints of FMLA violations to the DOL’s Wage and Hour Division (WHD).
The general notice must be posted in conspicuous places where it can be readily seen by employees and applicants. The poster text must be large enough so that it can be easily read and must be fully legible.
The penalty for willful violations of the general notice posting requirement is a civil fine of $110 for each separate offense.
Publication and Distribution
The FMLA regulations state that if an FMLA-covered employer has any eligible employees, it must provide the general notice to all employees by including it in the employee handbook or other written guidance concerning employee benefits or leave rights. If the employer does not have an employee handbook the employer must distribute a copy of the general notice to each new employee upon hiring.
Distribution of the notice may be accomplished electronically.
Language Requirements
If a significant portion of an employer’s workforce is composed of employees who are not literate in English, the employer must provide the general notice in a language in which the employees are literate. Employers furnishing FMLA notices to sensory-impaired individuals must also comply with all applicable requirements under federal or state law.
New FMLA Employer Guide
The DOL has published a new “Employer’s Guide to the Family and Medical Leave Act” to provide essential information about the FMLA, including information about employers’ obligations under the law and the options available to employers in administering leave.
The guide can be found at: www.dol.gov/whd/regs/compliance/posters/fmla.htm
This information is intended to provide guidance in the area of employment law and is provided as a service of the Firm. While every effort has been made to ensure the accuracy of the information contained in this bulletin, it is not intended to serve as “legal advice”. If additional information or assistance is needed on any of the topics contained in this informational package or any other matter, please feel free to contact Cynthia Elkins for further information. All rights reserved. © 2016