Employers: Is Your FMLA Policy DOL Compliant?

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The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. Regulations implementing the FMLA require that employers display a poster in a prominent location that summarizes major FMLA provisions and explains how to file a complaint. The regulations also require an employer with eligible employees to provide a general notice to employees in a handbook or other policy document. The general notice must have all the information that is provided on the Department of Labor (DOL) poster.

Employers may have failed to notice that the DOL updated the poster in 2016 to include sections on employer responsibility and enforcement. To remain in compliance and avoid a potential DOL investigation, employers should ensure their company has an updated FMLA policy that contains language covering the most recently added sections.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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