Do You Need To Post The New FMLA Poster?

In April 2016, the U.S. Department of Labor (“DOL”) issued a new “Employee Rights Under The Family And Medical Leave Act” poster, to replace the prior poster on this subject. The DOL has stated that the old poster (revised Feb. 2013) is still valid and can continue to be used – until further notice – to meet the posting requirement under the FMLA regulations.

(Note: HCSI clients can also download this poster from the "Employment Law (HR)" section in the "Updates/News" area of our website http://www.hcsiinc.com.)

The big question: If you already have an FMLA poster on your break room bulletin board, are you now required to display this new poster instead? The answer is no, you don't have to post this new version as long as you are currently displaying a legal FMLA poster. (The DOL poster that was last updated in 2013 is still valid).

The new 2016 version contains basically the same information as the 2013 poster, but the new version is organized in a more reader-friendly format. This version also adds more color to the poster. Plus, it highlights the DOL's contact information to file a complaint.

You do not need to rush to update your poster but... yet just as daylight saving time is a good time to change the batteries in your smoke alarms, now is a good time to review your FMLA policy to ensure that it contains all of the information that is on the new poster. Of course, it is to your benefit to include additional provisions in your policy, such as a prohibition on the misuse of FMLA leave. At a minimum, all of the information that is in the poster must be included.

This is a great time to re-evaluate your FMLA policy and make sure that your policy is updated to reflect and address all the entitlements and requirements of the new poster. The FMLA regulations provide that, if an FMLA-covered employer has any FMLA-eligible employees, and if the employer has a written policy on the subject of leave/benefits, then the employer must ensure that its policy contains the same information that is in the FMLA poster. (The notice requirements are discussed at pp. 12-13 of the helpful new publication from the DOL, “The Employer’s Guide to The Family and Medical Leave Act”.)

Family and Medical Leave Act Employee Guide

Note that “all” means “all”; your policy must include, for example, not only information about the employee’s rights and responsibilities, but also the information in the poster regarding the employer’s responsibilities, along with enforcement information such as the employee’s right to file a complaint with the U.S. Department of Labor (“DOL”) and the DOL’s contact information.

Some employers may choose to comply with the FMLA notice regulations by attaching a copy of the FMLA poster to their employee handbook, instead of incorporating all of the language in the poster into their FLMA policy. If that’s your approach, just ensure that you update the attachment with the new poster. Either way, however, you should make sure that your policy is compliant. Because the information in the poster represents basic FMLA information, you should take steps to review and, if necessary, revise your FMLA policy now, even if you wait to hang up the new FMLA poster.

Source(s): https://www.dol.gov, http://www.jdsupra.com, http://www.lexology.com, http://www.businessmanagementdaily.com, HCSI

Friday, May 1, 2015

Required HR Posters

Employers Are Required to Post These Notices

To maintain legal compliance, employers must advise employees of many of their rights—and several of these notices must be made in the form of a publicly visible posting or notice.

The list of required notices is long, and it depends on who the employer is. For example, public employers have different requirements than private employers. Large businesses have more requirements than small businesses. In short, there is no one-size-fits-all answer for what’s necessary, so this list is comprised of the notices that the majority of employers will be required to post. Evaluate your unique situation to see which of these will apply to you, and don’t forget to check local and state laws to see what additional requirements you may be subject to.

All postings are available on the HCSI website, except where noted.

● FLSA-Required Postings

The FLSA requires employers to post federal minimum wage requirements. The Wage and Hour Division of the Department of Labor (DOL) also requires employers to post about special minimum wages for disabled workers.

● OSHA-Required Postings

The federal Occupational Safety and Health Administration (OSHA) requires employers to post a notice about job safety and health protection. This is the “OSHA Job Safety and Health: It’s the Law” poster, which advises employees of their rights.

● EEOC-Required Postings

The poster “Equal Employment Opportunity is the Law” must be posted by any employer that is subject to EEO and nondiscrimination laws. This poster covers the nondiscrimination rights of employees and applicants based on Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, and the Genetic Information Nondiscrimination Act (GINA).

● FMLA-Required Postings

Any employer covered by the Family and Medical Leave Act (FMLA) must post a notice outlining employee FMLA rights and responsibilities.

● USERRA-Required Postings

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to provide notice to any employees entitled to USERRA rights. They can do so with a conspicuous poster or by other means, as long as the full text is provided to anyone who is entitled to the rights and benefits of USERRA.