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FMLA Updates

on Thursday, 2 June 2016 in Labor & Employment Law Update: Sarah M. Huyck, Editor

DOL Issues Employer Guide

The Department of Labor (“DOL”) recently released “The Employer’s Guide to the Family and Medical Leave Act.” The DOL’s intent with the Guide is “to provide essential information about the FMLA, including information about employers’ obligations under the law and the options available to employers in administering leave under the FMLA.” The Guide is organized chronologically to walk employers through the process from the initial leave request to their return to work. The Guide is available here.

On the whole, the Guide does not make any earth-shattering revelations or changes. It does, however, provide employers with a more user-friendly resource than has otherwise existed. Nevertheless, we recommend consulting with counsel when dealing with particularly problematic or complex FMLA scenarios to ensure that decisions are made to best assure compliance.

DOL Issues New FMLA Poster

In April 2016, the DOL also issued a new FMLA Poster which reorganizes the prior information to make it more “reader friendly.” As a reminder, FMLA-covered employers must post a FMLA poster at all locations where it has employees, even if no employees are actually FMLA eligible at such locations. The DOL has stated that employers can still use the prior poster issued in 2013. With that said, the 2013 poster is no longer available on the DOL website. The new poster can be found here.

And remember, don’t pay for posters! They are available for free on the DOL’s website. If you would like to throw your money away, at least give it to a good cause (like your preferred charity or favorite attorney!).

Kelli P. Lieurance

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500