March 8 FMLA Posting Mandatory for Some Public, Private Employers
HRWatchdog previously reported that the U.S. Department
of Labor (DOL) issued important new regulations expanding federal Family and Medical Leave Act (FMLA)
protections.
The new regulations require a mandatory change to the
federal FMLA poster entitled Employee
Rights and Responsibilities Under the Family and Medical Leave Act. This is
“Notice C” on CalChamber’s California and
Federal Employment Notices Poster.
To clarify any confusion employers may have, the new FMLA
regulations (and the FMLA posting requirement) do not affect you if you are a
private-sector employer with less than 50 employees.
The FMLA applies only to the following covered employers:
- Private-sector employers, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
- Public agencies, including a local, state or federal government agency, regardless of the number of employees; or
- Public or private elementary or secondary schools, regardless of the number of employees.
All covered employers must display the poster prepared by the DOL summarizing the major provisions of the FMLA and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees. CalChamber’s California and Federal Employment Notices Poster contains this federal notice, along with the other notices required for California employers.
The regulations do not take effect until March 8, 2013 — 30 days after the publication of the final rule. The new poster has a revision date of February 2013. However, the DOL specifically noted that employers may either start using the new poster immediately or may use the old FMLA poster through March 7, 2013.
Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content
HRCalifornia will be updated on March 8 to reflect the new changes to the law, including any form changes. Purchase the California and Federal Employment Notices Poster, with the revised federal FMLA notice, on the CalChamber Store.
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