HR Tip: New FMLA Notice and Guide from DOL

HR Tips

The Department of Labor recently issued a new General FMLA Notice for employers to post in their workplace. Employers covered by the FMLA can continue to use the old poster or change to the new one, which is organized in a much more reader-friendly way.

The requirements for posting remain the same:

  • prominently displayed where it can be easily seen by employees and job applicants
  • displayed even if no employees are FMLA eligible, and
  • provided to each employee. This can be done via an employee handbook distributed to all employees, guidance distributed to employees explaining benefits or leave rights, or a general notice to all new employees upon hire
  • Electronic posting is permitted as long as it meets all the posting requirements
  • If a significant portion of the workforce is not English speaking, the employer must provide the notice in the language of those employees

In conjunction with the new General FMLA Notice poster, the DOL also issued a new 76-page guide on administering the FMLA. While the guide doesn’t impose any new requirements on employers, nor provide guidance beyond the letter of existing regulations, it does explain things in a more reader-friendly manner. Intended for employers, the guide includes:

  • “The Employer’s Road Map to the FMLA,” a quick-reference flowchart of the FMLA cycle and referencing required forms and notices
  • “Did You Know?” sections to give employers a heads-up on some of the lesser-known provisions and nuances of the FMLA regulations
  • Highlights user-friendly charts and explanation of the medical certification process, including what information is required in certifications
  • Provides a helpful overview of military family leave

 

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David Leng, CPCU, CIC, CBWA, CWCA, CRM

Author | Speaker | Certified Risk Manager | Certified Work Comp Advisor

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