FMLA Compliance – New Employer Guide and Worksite Poster (article)

Of interest to employers subject to the Family and Medical Leave Act (FMLA), the Wage and Hour Division of the Department of Labor released two new items: an Employer’s Guide and a revised work site poster.


As background, the FMLA provides for up to 12 weeks of unpaid job-protected leave to employees for baby bonding, or to attend and care for a serious health condition of the employee, or his or her family member.  The FMLA applies to private or public sector employers engaged in commerce, or any industry or activity affecting commerce, who employ 50 or more employees on each working day in at least 20 or more calendar weeks in the current or preceding calendar year. 


Employer Guide.  To assist employers in their compliance with the FMLA, the DOL has prepared an Employer Guide to the Family and Medical Leave Act. This Guide provides an overview of employer compliance obligations under the law, together with guidance to assist employers in administering FMLA leave. 


Worksite Poster.  FMLA covered employers are required to post a general notice of FMLA information in their worksite locations.  To this end, the DOL recently released an updated poster that employers can use to notify their employees of their rights and protections under the law.  While there is no substantive difference in the language contained in DOL’s model worksite poster released in February, 2013, the updated version is organized in a more user-friendly format. The DOL indicated that the 2013 version of the FMLA poster is still valid and can continue to be used in satisfying the posting requirement.


As a reminder, the FMLA poster must be posted in a conspicuous place where it can be readily seen by employees and applicants. The employer must also provide this notice/poster to any eligible employee by including it in an employee handbook, or other written document that sets forth employee benefits or leave rights, and given to each new employee upon hiring. The notice/poster can be posted and provided electronically, as long as the employee has access to employer’s electronic system.  Employers can duplicate the text of the notice/poster, or use a different format than the DOL’s model notice, as long as all of the information contained in the alternate form is replicated, and the text is large enough to be easily read.


The information contained in this article is provided as general guidance and may be affected by changes in law or regulation. This article is not intended to replace or substitute for accounting or other professional advice. Please consult a CBIZ professional. This information is provided as-is with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.    

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