Family and Medical Leave Updated Poster

The U.S. Department of Labor recently updated its basic informational poster to reflect changes in the Fair Labor Standards Act, including the new military family leave entitlements enacted under the National Defense Authorization Act for Fiscal Year 2008, as well as changes in the Family Medical Leave Act (FMLA), all of which took effect on January 16th.

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

Like with seemingly every government employment poster, all employers who are covered by FMLA is required to conspicuously post, and keep posted, a notice explaining the FMLA’s provisions.

With new rules come new forms, all of which are available on the DOL website. Some of the new/ revised forms include the Certification of Health Care Provider form (WH-380), divided into two separate forms for an Employee’s Serious Health Condition (WH-380E) and a Family Member’s Serious Health Condition (WH-380F); the Notice of Eligibility and Rights and Responsibilities form (WH-381); new forms for Designation Notice to Employee of FMLA Leave (WH-382), Certification of Qualifying Exigency for Military Family Leave (WH-384), and Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385). All the forms expire December 31, 2011.

The DOL has also issued two fact sheets on the FMLA regulations, both with a January 2009 revision date, detailing both the FMLA’s non-military and military family leave entitlements. The DOL website says that, “FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.”

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. For any questions on how this federal law or Georgia employment laws can affect your rights, contact Buckley Bala Wilson Mew LLP.