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Friday, April 29, 2016

NEW Employer Guide to Family and Medical Leave Act & Poster


By: Thomas Eden

The U.S. Department of Labor, Wage and Hour Division, has issued a new 75-page guide for employers on the Family and Medical Leave Act. It is has some cute comics, compliance road maps and situational aids about the FMLA request and approval process.

There is also a new FMLA poster, which is a free pdf download from the Department of Labor website. Employers who prefer to keep using the 2013 version may do so without being in violation.

MESSAGE FROM WAGE AND HOUR DIVISION
“Since its enactment in 1993, the Family and Medical Leave Act (FMLA) has served as the cornerstone of the Department of Labor’s efforts to promote work-life balance and we have worked in support of the principle that no worker should have to choose between the job they need and the family they love. With the FMLA, our country made it a priority to give workers the ability to balance the demands of work and family. It made the healthy development of babies, healthy families, and healthy workplaces a priority. It was a remarkable accomplishment at the time and, since its enactment, the FMLA has been used more than 100 million times to help workers balance the demands of the workplace with the needs of their families and their own health.”

See what’s inside:
CHAPTER 1 – COVERED EMPLOYERS UNDER THE FMLA AND THEIR
GENERAL NOTICE REQUIREMENTS                                  
CHAPTER 2 – WHEN AN EMPLOYEE NEEDS FMLA LEAVE                    
CHAPTER 3 – QUALIFYING REASONS FOR LEAVE                                  
CHAPTER 4 – THE CERTIFICATION PROCESS                              
CHAPTER 5 – MILITARY FAMILY LEAVE                          
CHAPTER 6 – DURING AN EMPLOYEE’S FMLA LEAVE                           
CHAPTER 7 – FMLA PROHIBITIONS          

Common Sense Counsel: having a properly drafted FMLA policy, mandated forms and supervisory training on this new guide is the bare minimum. Keeping a cool head when those around you do not, is leadership and legal risk reduction as seen by my recent column holding an HR Director individually liable for interference with FMLA rights.

Tommy Eden is a partner working out of the Constangy, Brooks, Smith & Prophete, LLP offices in Opelika, AL and West Point, GA and a member of the ABA Section of Labor and Employment Law and serves on the Board of Directors for the East Alabama SHRM Chapter. He can be contacted at teden@constangy.com or 334-246-2901 with blog at www.alabamaatwork.com with links to resources.