The U.S. Department of Labor (DOL) has recently released an updated Family and Medical Leave Act (FMLA) notification poster. Various federal laws require employers to provide notice of employee protections including those associated with the FMLA.
In accordance with the FMLA, private employers with 50+ employees are required to display and keep displayed a poster prepared by the DOL summarizing the major provisions of the FMLA including how to file a complaint.
The updated poster clarifies several procedural aspects of the FMLA such as:
- Employers may require an employee to use accrued paid leave during an unpaid FMLA leave period.
- FMLA eligibility should be confirmed in writing and notice of FMLA rights and responsibilities provided to the employee immediately once a request for FMLA is received.
- Employers may require documentation from a health care provider certifying the need for FMLA leave.
- FMLA leave is protected leave which means employees returning from FMLA leave must be returned to their same (or virtually identical) job including the same pay, benefits and working conditions.
Employers are also reminded that the FMLA poster must be displayed in a conspicuous place where employees/applicants for employment can see it and that it must be displayed at all locations even if there are no eligible employees. Employers who are unsure of their federal posting obligations should visit the DOL’s FirstStep e-law wizard to assist with employer/industry specific postings.
State law mandated posters for Arizona and California employers can be found at: