The Department of Labor (DOL) has announced two new documents for employers to use regarding their obligations under and administration of the Family and Medical Leave Act (FMLA); an Employer’s Guide to FMLA and a new FMLA General Notice poster.
In their statement about the guide, the DOL noted: "In addition to providing eligible employees an entitlement to leave, the FMLA requires that employers maintain employees' health benefits during leave and restore employees to their same or an equivalent job after leave. The law sets requirements for notice, by both the employee and the employer, and provides employers with the right to require certification of the need for FMLA leave in certain circumstances.... The [DOL] is providing this Guide in an effort to increase public awareness of the FMLA and of the various Departmental resources and services available to the public."
The guide includes a “road map” tracking a typical FMLA process and several “Did You Know?” sections providing insight to FMLA guidance on lesser known provisions of the FMLA that could cause compliance issues for an employer.
Under the FMLA, employers are required to post a General FMLA Notice in their workplace. Although there isn’t necessarily new information in the new poster, the DOL did state that the information in the new Notice was rearranged to be more reader friendly. The new Notice will be published soon. And, the DOL has stated that employers can continue to use the current poster even after the new version is published and remain compliant.
Employers that are subject to FMLA and the brokers that work with them will want to review the two documents and assure that policies and procedures for administering FMLA are in full compliance.