DOL Updates FMLA Poster — Prior Version Can Still Be Used

May 3 2016 - FMLA/CFRA - Gail Cecchettini Whaley

EmptyDesk2The federal Department of Labor (DOL) recently issued an updated federal Family and Medical Leave Act (FMLA) poster (W1420a REV 04/16). However, the DOL specifically states that:

The February 2013 version of the FMLA poster is still good and can be used to fulfill the posting requirement.

In other words, covered employers can continue to use either the poster version dated 02/13 or the version dated 04/16.

Most of the updates reorganized the information on the poster to make it easier to read.

The FMLA generally covers private-sector employers who employ 50 or more employees in 20 or more workweeks in the current or previous calendar year and all public sector employers.

All employers covered by the FMLA are required to display this poster which summarizes the major provisions of this federal law and tells employees how to file a complaint. The poster must be displayed in a conspicuous location where employees can see it.

An employer who willfully violates this posting requirement may be assessed a civil penalty of $110 for each separate offense.

In addition to displaying the poster, a covered employer must also include the same information that is in the poster in its employee handbook. If you don’t have an employee handbook, you can give a copy of the FMLA poster to employees at the time of hire or duplicate the general notice language.

California employers have a separate obligation to post the California Family Rights Act (CFRA) poster entitled “Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave.”

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

CalChamber members can read more about Notice Requirements for Employer and Employee to explain employee’s family and medical leave rights. Not a member? See how HRCalifornia can help you.

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