BLOG: Employers: Is Your FMLA Policy DOL Compliant?

January 30, 2020

By Nichole D. Atallah
Practice Area: Labor & Employment Law

The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. Regulations implementing the FMLA require that employers display a poster in a prominent location that summarizes major FMLA provisions and explains how to file a complaint. The regulations also require an employer with eligible employees to provide a general notice to employees in a handbook or other policy document. The general notice must have all the information that is provided on the Department of Labor (DOL) poster.

Employers may have failed to notice that the DOL updated the poster in 2016 to include sections on employer responsibility and enforcement. To remain in compliance and avoid a potential DOL investigation, employers should ensure their company has an updated FMLA policy that contains language covering the most recently added sections.

If you need assistance reviewing your handbook for legal compliance, please contact a member of PilieroMazza’s Labor & Employment Group. The Group also offers preventive training sessions, which can be tailored to meet your company’s specific needs.

Nichole Atallah, the author of this blog, is Chair of PilieroMazza’s Labor & Employment Group.

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