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Dept. Of Labor Issues New Family Medical Leave Act (FMLA) 2016 Poster Requirements

On April 25, 2016, the Department of Labor (DOL) announced that it will issue a new general Family and Medical Leave Act (FMLA) Notice that can be used interchangeably with its previously released FMLA poster. In issuing this new directive, the DOL also unveiled a new guide to help employers navigate and administer the FMLA.

You Must Display This New Poster At Your Organization

Under the FMLA, an FMLA-covered employer must post a copy of the General FMLA Notice in each location where it has any employees (even if there are no FMLA-eligible employees at that location). According to the DOL's FMLA rules, the notice must be posted, "prominently where it can be readily seen by employees and applicants for employment."

Overview Of The FMLA

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

#1: Twelve workweeks of leave in a 12-month period for:

  • The birth of a child and to care for the newborn child within one year of birth;

  • The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

  • To care for the employee's spouse, child, or parent who has a serious health condition;

  • A serious health condition that makes the employee unable to perform the essential functions of his or her job;

  • Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty;" or

#2: Twenty-six workweeks of leave during a single 12-month period:

  • to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

Key News From The DOL

  • The U.S. Department of Labor's Wage and Hour Division announced a Final Rule to revise the definition of spouse under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court's decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional.

  • The Final Rule amends the definition of spouse so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live.

Executive Summary: The new information is designed to answer common questions about the FMLA. Specifically it:

  • Outlines the typical FMLA process.

  • Includes a "Did You Know?" section to give employers information on FMLA regulations.

  • Highlights easy-to-read charts and explains the medical certification process.

  • Provides a general overview of military family leave.

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