New FMLA Posters Available

Implementing the changes made to the Family and Medical Leave Act by the National Defense Authorization Act, the U.S. Department of Labor has promulgated a new Poster: EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT. The new poster is to be posted on or before March 8, 2013. Employers can access the poster HERE. (The DOL cautions that in printing the poster, one should use the printer icon within Adobe Reader, and not use the browser's print feature.) The poster is to be displayed "in a conspicuous place where employees and applicants for employment can see it." And the poster, " must be displayed at all locations even if there are no eligible employees" at the particular location. If an employer has one of the laminated "multi-posters," it will most likely be out of date with this change. An employer should consider printing the poster from the DOL web site, and putting it over the prior poster. On February 6, 2013, the DOL published its Final Rule on Family and Medical Leave in the Federal Register. A copy is available HERE.  Several of the changes to the FMLA regulations made by this Final Rule -- including military caregiver leave for a veteran, qualifying exigency leave for parental care -- will not be effective until the effective date of the Final Rule, March 8, 2013. A DOL-prepared chart comparing the new rules with the prior rules is available HERE. There were several changes and additions to DOL-published "fact sheets." Employers may wish to especially review;

• Fact Sheet #28M(c): Qualifying Exigency Leave

Another major change made by the newly-published final rules is the removal from the regulations themselves of both the FMLA poster and the DOL-approved optional forms. (e.g., the "Designation Notice," the "Notice of Eligibility," the Certification of Health Care Provider, etc.) The stated reason for these removals is to make it easier to change in the future. A copy of the current forms is available HERE including a new WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave. Employers which use the DOL-approved forms will want to check the DOL website much more frequently in order to assure that they are using the latest versions of the forms.

The material in this blog is not intended, nor should it be construed or relied upon, as legal advice. Please consult with an attorney if specific legal information is needed.

- Russ Samson