Employers Must Post New FMLA Poster and Begin Using Updated FMLA Forms | Practical Law

Employers Must Post New FMLA Poster and Begin Using Updated FMLA Forms | Practical Law

The Department of Labor (DOL) has released updated Family and Medical Leave Act (FMLA) forms and a new FMLA notice poster. Employers must begin using the updated forms and new poster starting March 8, 2013. The updated forms expire on February 28, 2015.

Employers Must Post New FMLA Poster and Begin Using Updated FMLA Forms

Practical Law Legal Update 1-524-7034 (Approx. 4 pages)

Employers Must Post New FMLA Poster and Begin Using Updated FMLA Forms

by PLC Labor & Employment
Published on 05 Mar 2013 • USA (National/Federal)
The Department of Labor (DOL) has released updated Family and Medical Leave Act (FMLA) forms and a new FMLA notice poster. Employers must begin using the updated forms and new poster starting March 8, 2013. The updated forms expire on February 28, 2015.
The DOL has released a new FMLA notice poster and the following updated FMLA forms:
The new forms have been updated to reflect certain changes in the DOL's Final Rule implementing statutory amendments to the FMLA, which becomes effective March 8, 2013 (see Legal Update, DOL Issues Final Rule Implementing Amendments to FMLA). The new forms also include a new certification form relating to military caregiver leave to care for a veteran with a serious injury or illness. They do not, however, address employers' obligations under the Genetic Information Nondiscrimination Act of 2008.
Employers that use the DOL's prototype forms should begin using these new forms no later than March 8, 2013, and may use these forms to comply with the FMLA's implementing regulations. However, use of the forms is optional, and employers may customize these prototype forms or create their own forms, as long as they comply with the FMLA and its implementing regulations. The DOL's new forms expire on February 28, 2015.
The new FMLA poster summarizes the following major provisions of the FMLA:
  • Basic Leave Entitlement.
  • Military Family Leave Entitlements.
  • Benefits and Protections.
  • Eligibility Requirements.
  • Definition of Serious Health Condition.
  • Use of Leave.
  • Substitution of Paid Leave for Unpaid Leave.
  • Employee Responsibilities.
  • Employer Responsibilities.
  • Unlawful Acts by Employers.
  • Enforcement.
All covered employers must display the new notice poster by March 8, 2013. It must be displayed:
  • In a conspicuous place where employees and applicants for employment can see it.
  • At all of the employer's locations (even if there are no eligible employees at that location).
Electronic posting of the notice will also satisfy the posting requirement, as long as it meets the other requirements of the regulations.
Employers should also consider family and medical leave obligations under state law, which may provide a greater leave entitlement than the FMLA. For information on state law requirements, see Leave Laws: State Q&A Tool.