Q. Are we required to put up a newposter? Did the DOL recently make other FMLA changes we need to know about?
A. Yes. The U.S. Department of Labor (DOL) used the FMLA’s 20th anniversary to issue new federal regulations implementing statutory changes to the law. The department also issued a new mandatory FMLA poster, as well as three new certification forms:
- Certification of Qualifying Exigency for Military (Form WH-384)
- Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave (Form WH-385)
- Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (Form WH-385-V)
The statutory changes were designed to increase coverage under the FMLA for military families and allow airline attendants to avail themselves of the act’s protection. You can read the official word on all the FMLA changes at the DOL's website.
If you haven’t done it already, now is the time to display the new FMLA poster. You can download a copy for free at "Employers: Display updated FMLA poster by March 8."
A few years ago, Congress amended the FMLA to broaden coverage for both military caregiver leave and qualifying exigency leave. At the same time, Congress sought to amend the law to provide added protection for airline attendants, as those individuals found themselves excluded from the FMLA on a regular basis because of the way eligibility was calculated.
The regulations responded to the Congressional message, and the DOL used the amendments as an opportunity to push its own agenda even further.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Military Family Leave: New employee rights under the FMLA
- Discovered poor work while employee was on military leave? Go ahead and discipline
- You can suggest FMLA leave without triggering ADA liability
- Legal considerations in eliminating sick pay benefits