In February 2013, the U.S. Department of Labor (DOL) released revised model Family and Medical Leave Act (“FMLA”) forms to administer federal FMLA leave. A new notice poster was also released.
The updated forms should be used by employers immediately, although they include no substantive revisions despite recent rulemaking on the FMLA military caregiver leave provisions. The new forms expire on Feb. 28, 2015. Following are links to the revised model forms:
Employers should keep in mind that family and medical leave obligations under state/territorial laws may provide for a greater leave entitlement than the FMLA and (most notably in California, Connecticut and Washington, D.C.) require employers to provide other forms or information.
The DOL notice poster summarizes major provisions of the federal FMLA and tells employees how to file a complaint. By March 8, 2013, all covered employers must display the new notice poster in a conspicuous place where employees and applicants for employment can see it. The poster must be displayed at all locations even if there are no employees eligible for FMLA at the location (e.g., there are fewer than 50 employees employed within a 75-mile radius of the worksite). Electronic posting also is permitted to satisfy the posting requirement, as long as it otherwise meets the requirements of the regulations.
Jackson Lewis represents management exclusively in employment, labor, benefits and immigration law and related litigation. Republished with permission. © 2013 Jackson Lewis. All rights reserved. This article is provided for informational purposes only and is not intended as legal advice.
DOL Issues Rules for Military FMLA, Eases Ability to Revise Forms, SHRM Online Legal Issues, February 2013
What changes were made to the FMLA in addition to the service-member related changes?, SHRM HR Q&As, February 2013
SHRM Online Benefits Page
SHRM Online Workplace Flexibility Resource Page