US Department of Labor (DOL) FMLA Poster

The US Department of Labor (DOL) requires that all covered employers continuously display the DOL FMLA poster in the workplace. The FMLA poster must be kept someplace conspicuous, where it can easily be seen by both the company’s employees and people who are applying to the company for employment. The poster summarizes the major points of the Family and Medical Leave Act (FMLA), and also instructs employees on the steps they need to take to file a complaint.

What information exactly does the DOL FMLA poster cover?

The DOL FMLA poster covers the basic leave an employee is entitled to, including the amount of time off from work they can receive and the reasons for which they can be granted basic FMLA leave, as well as the details of military family leave. The FMLA poster also summarizes the benefits and protections that an employee will receive while they are using FMLA leave, and reviews the criteria an employee will need to meet in order to be eligible for FMLA leave. The definition of a serious health condition as interpreted by the lawmakers behind FMLA is provided, and the use of FMLA leave is clearly explained. There is also a section on substituting paid leave for unpaid time off and sections that clearly detail the responsibilities of both the employee and the employer. Finally, acts by employers that are illegal under FMLA are listed, and the employee is given information on how to file a complaint. The contact information for the Wage and Hour Division of the US Department of Labor is provided at the bottom of the poster.

I’ve been hearing about a new FMLA poster? What are the differences between the new and old posters?

In 2009, FMLA underwent a number of changes. The new regulations expanded the definition of qualifying exigency leave, revised military caregiver leave, and specified what is meant by “serious injury or illness” in reference to family members who are serving in the Armed Forces. The 2009 regulations also changed the information necessary to certify that a qualify exigency is indeed taking place, and clarified what is necessary for a certification for military caregiver leave, as well as who is authorized to provide that certification. A number of other small but significant changes were made as well. In 2013, these changes were further clarified and defined. The new FMLA poster reflects the changes to FMLA made during 2009, and the clarifications made in 2013.

Do I need to display the DOL FMLA poster?

Yes, if you’re a covered employer. Covered employers include all state, federal, and local public agencies, including schools, and private companies that employed at least 50 employees for a minimum of 20 workweeks either during the current or the previous year.

Do I need to display the FMLA poster even if I don’t have any employees who are eligible for FMLA leave?

Yes. Whether or not you have any employees working at your company who are eligible for FMLA leave, you must display the poster at all company locations. Even if you currently have no eligible employees, you could in the future.

Where are some places that I could display the poster so that everyone, including job applicants, can see it?

Any common area, like a waiting room or lobby, a break room, or outside the bathrooms, is a great place to display the DOL FMLA poster. And remember, if your business has more than one location, the FMLA poster must be displayed at all locations.

Why should I display the new FMLA poster when I already have the old one up?

Did you know that 1 in 3 employees don’t know about FMLA? FMLA is a great resource for both employees and their employers: it allows employers to support their workers during a difficult time in an employee’s life at little extra cost to the company. And, it keeps up morale in the workplace, as well as creating more efficiency by allowing an employee who would otherwise be extremely stressed and distracted to take the time off necessary to deal with a serious situation.

The new FMLA poster is one step that you can take as an employer to help educate your employees about this resource, and about the changes that have been made to FMLA in the last few years. The new FMLA poster will keep everyone in the workplace-including you, the employer-updated on their rights and responsibilities to avoid any confusion or worse, an expensive lawsuit or a refusal to grant FMLA leave in a situation where the employee really needs the time at home.

And if you haven’t ordered the new poster, you should do so immediately: the Department of Labor required that employers have the new FMLA poster up by March 8, 2013.

Where can I get the FMLA poster from, and does it come in languages other than English?

You can download the FMLA poster from the DOL website, www.dol.gov/whd, or you can order it through the Wage and Hour Division’s (WHD) Online Publication Ordering System. In addition to English, DOL FMLA posters are also available in Spanish.

Besides displaying the new FMLA poster, what can I do as an employer or HR representative to effectively manage FMLA?

Qcera is a great software tool that can help employers and HR representatives effectively manage FMLA leave in the workplace. Hundreds of businesses are taking advantage of Qcera’s simple, cost-effective solutions, which collect policy and employee information all in one place, improve and facilitate communication between employee and employer, and provide employers with the support of qualified customer service representatives, leave advisors, and leave management experts, all of whom are there every day to help making managing FMLA leave easy and stress-free. LeaveSource is a unique co-management service that does the work of leave administration for you while still allowing you to retain control. Find out how easy it is by heading over to the Qcera website and getting started with your free demos of LeaveSource today.

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