May 15, 2023Client Alert

DOL Releases New FMLA Poster – But Apparently Compliant Employers Need Not Worry About It?

The Department of Labor published a new Family and Medical Leave Act (FMLA) poster titled “Your Employee Rights Under the Family and Medical Leave Act.” The issuance is somewhat perplexing because the DOL advises the April 2016 and February 2013 versions of the poster still fulfill the posting requirement.  

Employers are reminded that under the FMLA, a FMLA-covered employer must display the poster in a conspicuous place where employees and applicants for employment can see it. The poster must be displayed at all locations where employees are employed, even if there are no eligible employees at that location.

Further, elements of the poster (or the actual poster ) should be included in employee handbooks. This should include: 

  • an explanation of FMLA leave;
  • the definition of an eligible employee;
  • the definition of a covered employer;
  • how to request FMLA leave;
  • employer requirements under the law; and
  • where to find more information and file a complaint.

Finally, in what appears to be interagency cooperation, the DOL advises that the EEOC is updating the “Know Your Rights” poster to address the Pregnant Workers Fairness Act, which the DOL states is anticipated in June 2023.

If you have any questions regarding posting requirements, please reach out to your Michael Best attorney.

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