U.S. DOL Implements Laws Expanding FMLA Protections

APPLIES TO

Private-Sector Employers with 50 or more Employees

Public Agencies, Public or Private Elementary or Secondary Schools

EFFECTIVE

March 8, 2013

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Starting March 8, 2013 all companies of 50 or more employees must display an updated federal family leave poster. The final rule outlining the requirement was issued last week by the U.S. Department of Labor (DOL) to implement federal laws expanding Family and Medical Leave Act (FMLA) protections.

The final regulation requires a change to the federal FMLA notice/poster entitled “Employee Rights and Responsibilities under the Family and Medical Leave Act.” This is “Notice C” on the California Chamber of Commerce California and Federal Employment Notices Poster. The required information in FMLA Notice C on your 2013 California and Federal Employment Notices poster only applies if you are a:

  • Private-sector employer, 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 agency, including a local, state, or federal government agency, regardless of the number of employees you employ; or
  • Public or private elementary or secondary school, regardless of the number of employees you employ.

The update to Notice C summarizes the major provisions of FMLA and advises employees on how to file a complaint. The revision to the FMLA portion of the labor poster includes a special entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. The revision goes on to clarify that a “covered service member” also includes veterans discharged in the last five years.

Among other mandatory changes on the federal poster is a note that the FMLA definitions of “serious injury or illness” for current service members and veterans “are distinct from the FMLA definition of “serious health condition.” A secondary note states that special hours of service eligibility requirements apply to airline flight crew employees.

 

Action Items:

  1. Print the updated version of Notice C.
  2. Tape this over your current 2013 California and Federal Employment Notices Poster.
  3. Remember to post the notices where all employees have access to seeing them.
  4. Changed requirements take effect starting March 8, 2013.
  5. To order a 2013 poster please contact admin@managease.com.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2013 ManagEase, Incorporated.

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