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Time to check the FMLA poster on your bulletin board

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in FMLA Guidelines,Human Resources

The Department of Labor just added a small task to your to-do list: Replace that old FMLA poster on your break room bulletin board.

FMLA compliance may be one of the trickiest parts of an HR pro’s job, but the law’s notification requirements are easy to deal with. You must:

  • Conspicuously display in your workplace the DOL’s official FMLA poster and general notice, detailing employee rights and employer responsibilities. The DOL has stated that, “The February 2013 version of the FMLA poster is still good and can be used to fulfill the posting requirement,” so it is not absolutely essential to make the switch this time. Download the brand-new version of the official poster at www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf.
  • Distribute the general notice to all employees in your company handbook (if you have one) or provide a copy to each new employee upon hire. Electronic distribution is permitted. You should have your own company FMLA policy outlining leave usage and procedures.
  • When an employee requests FMLA leave, or you become aware of the person’s need for leave, notify the employee of his or her eligibility for FMLA leave within five business days, absent extenuating circumstances. If the employee is ineligible, the notice must state at least one reason for the person’s ineligibility.

If the employee requires further FMLA leave within the same eligibility period and his or her status has not changed, no additional eligibility notice is required.

Note: An employer may be liable for any harm that an employee suffers because the employer did not follow the FMLA notice requirements. In 2008, the DOL eliminated a prior rule that granted additional leave as a penalty.

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