By: Melanie M. Dunajeski, Drewry Simmons Vornehm, LLP
The Wage and Hour Division of the U.S. Department of Labor (DOL) has updated the February 2013 Employer Family and Medical Leave Act poster as of April 16, 2016 to include a more prominent notice of DOL contact information to obtain “additional information or file a complaint” as well as including a “QR” code which an employee can scan with a smart phone to visit the DOL website. Fortunately, the February 2013 poster is still good, and no expiration date has yet been announced. Employers updating their employment posters, however, and who are subject to FMLA, should update to the newer version. A copy of the color poster can be downloaded from the DOL website. The DOL has also issued a new publication “The Employer’s Guide to Family and Medical Leave Act” to provide essential information about the FMLA to employers about their FMLA obligations and options under the law. This lengthy (76 page) guide has a “roadmap” for working through basic FMLA leave requests, with references to federal FMLA regulations and DOL Administrator Interpretations, and is an excellent starting place for understanding employer obligations under the Act. However, as most FMLA affected employers know, FMLA requests are frequently part of a larger constellation of employment issues from attendance and performance, to accommodation of disabilities under the Americans with Disabilities Act, so the guide should not be used as a replacement for consultation with competent employment law counsel. Email Melanie Dunajeski at firstname.lastname@example.org for links to the poster and the guide.