Deadline for Posting New FMLA Regs

163350799--gavel and calendarThe U.S. Department of Labor has set a deadline for posting the new federal Family and Medical Leave Act regulations.

The DOL issued a final rule on Feb. 6 implementing the FMLA amendments passed in 2010 and adding the new regulations, which went into effect Friday, March 8.

Those changes to a new poster you must immediately tack to your wall include (courtesy of the Atlanta-based Burr & Forman employment law firm):

  • Extended coverage for service members with serious injuries or illnesses;
  • Extended coverage for family members of service members with serious injuries or illnesses;
  • Expansion of the definition of injuries and illnesses from pre-existing conditions aggravated during active duty;
  • Expanded exigency leave to cover employees with family members in the Regular Armed Forces;
  • Clarification that the military member must be deployed to a foreign country;
  • Allowance that medical certifications can now come from healthcare providers who are not affiliated with the military;
  • Allowance for employees who are family members of deployed service members, to take leave to care for the military member’s parent who is incapable of self-care; and
  • Increased leave for employees to spend with deployed service members on short-term leave from five to 15 days.

And special note: The poster is required for all employers covered by the FMLA and must be displayed at all locations, even if there are no eligible employees. Covered employers are those with 50 or more employees. Public agencies and public and private elementary and secondary schools are also covered, regardless of the number of employees.

The DOL, on its site, issues this additional mandate: “The poster must be displayed in a conspicuous place where employees and applicants for employment can see it.”

Here is a piece that ran recently on the CNBC site for additional information about what’s required and why. This piece on the Tree Care Industry site includes links to the actual poster on the DOL’s website and a side-by-side comparison of the prior regulations and the new regulations.

Don’t say you weren’t warned!

3 Comments

  1. tviking says:

    Thank you for the information.

  2. Kristen Frasch says:

    The DOL has not mentioned any in its releases, though I did find varying penalties in different states. I would contact the DOL directly. The DOL website does not appear to stipulate on penalities for not posting.

  3. tviking says:

    Are there penalties if the poster is not in place as required?