By Susan Schoenfeld, JD, Senior Legal Editor
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Get Your Report Now!Employers take note—the U.S. Department of Labor (DOL) has released a new FMLA poster (WH 1420a) for use by employers covered by the Family and Medical Leave Act (FMLA). The new poster, dated April 2016, is reformatted and contains additional information on servicemember caregiver leave, intermittent leave and use of accrued paid leave, as well as new information on requesting FMLA leave.
All covered employers are required to display and keep displayed a poster prepared by the DOL summarizing the major provisions of FMLA and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees.
According to the DOL, the previous version of the FMLA poster (dated February 2013) can still be used to fulfill the posting requirement.
DOL releases new employer guide
On April 25, the DOL’s Branch Chief for FMLA, Helen Applewhaite, announced that the DOL has released a new Employer’s Guide to the Family and Medical Leave Act.
The new guide, announced at the Disability Management Employer Coalition (DMEC) FMLA/ADA Employer Compliance Conference held, in Pittsburgh, covers FMLA administration from beginning to end, including:
- Covered employers and their notice requirements
- When an employee needs FMLA leave, including notice and eligibility
- Qualifying reasons for leave
- The certification process
- Military family leave
- What happens during FMLA leave, including scheduling, leave calculation, benefits, and job restoration
The guide also contains links to related sections of the FMLA regulations and a useful “roadmap” to the FMLA, taking the employer through the sequential steps of FMLA leave, from determining eligibility, certification, notice, and other leave administration steps.
|  Susan Schoenfeld, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications. Ms. Schoenfeld has practiced in the area of employment litigation and counseling, covering topics such as disability discrimination, wrongful discharge, sexual harassment, and general employment discrimination. She has litigated numerous cases before the U.S. Court of Appeals, state court, and at the U.S. Department of Labor.
In addition to litigating employment cases in state and federal court, she provided training and counseling to corporate clients regarding employment-related issues. Prior to entering private practice, Ms. Schoenfeld was an attorney with the Civil Rights Division at the U.S. Department of Labor in Washington, D.C., where she advised federal agencies, drafted regulations, conducted inspector training courses, and litigated cases for the Office of Federal Contract Compliance Programs, the Directorate of Civil Rights, and the Mine Safety and Health Administration. Ms. Schoenfeld received her undergraduate degree, cum laude, with honors, from Union College, and her law degree from the National Law Center at George Washington University. Questions? Comments? Contact Susan at sschoenfeld@blr.com for more information on this topic |