New FMLA Regulations Mandate Poster Change for Employers with 50 or More Employees

Last week, HRWatchdog reported on the federal government’s issuance of a final rule implementing important regulations expanding federal Family and Medical Leave Act (FMLA) protections. The FMLA applies to employers with 50 or more employees.

The final rule requires a mandatory change to the federal FMLA notice/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. 

All covered employers (50+ employees) must display the poster prepared by the U.S. Department of Labor (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.

The FMLA includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. The revised federal FMLA poster clarifies the definition of a “veteran” under the new regulations to include not only those currently serving, but also those discharged in the past five years. The federal poster also has other mandatory revisions to conform to the agency regulations.

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.

According to the DOL: “[s]everal of the changes to the FMLA regulations made in this Final Rule, including military caregiver leave for a veteran, qualifying exigency leave for parental care, and the special leave calculation method for flight crew employees, will not be effective until the effective date of the Final Rule on March 8, 2013.”

The regulations were revised to implement statutory amendments to the FMLA that occurred under the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act.

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. The California and Federal Employment Notices Poster, with the revised federal FMLA notice, is available from purchase from the CalChamber store.