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DOL Issues New FMLA Forms and Notice

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Date: 03.04.2013

The U.S. Department of Labor has released revised model Family and Medical Leave Act (FMLA) forms to administer federal FMLA leave and a notice poster. 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 (see our article DOL Publishes Final Regulations Addressing Military Family Leave Provisions). The new forms expire on February 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. The poster may be accessed here: http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
 
If you have any questions about this or other federal or state/territorial family and medical leave issues, please contact us.

Jackson Lewis LLP

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