Labor and Employment E-lert -- Compliance Reminder: Family and Medical Leave Act Poster and General Notice Provisions

ORLANDO, FL – August 24, 2016 – For those employers covered by the federal Family and Medical Leave Act (FMLA) (50 or more employees), the law requires employers to display an FMLA Poster prepared by the Department of Labor (DOL). The Poster sets out the key provisions of the FMLA and informs employees on how to file a complaint under the FMLA. In April 2016, the DOL updated its Poster. The DOL has indicated that the February 2013 version of the FMLA Poster is still valid and can be used for the posting requirements. Employers are required to display the Poster at all work locations, even if the employer does not have any FMLA eligible employees at a particular location. The FMLA Poster is to be displayed in a conspicuous place where employees, as well as applicants for employment, can view it. View a copy of the DOL’s most recent version of the Poster here.

Employers are also required to provide employees with a general notice about the FMLA. Publishing the Poster will meet the general notice requirement. Posting in a language other than English may be required when there are non-English speaking employees. For those employers who have a handbook, the Poster must also be attached or included within the handbook. The Poster may be displayed electronically so long as all requirements of the posting are met. Since the DOL can find a recordkeeping violation if the Poster is not properly displayed, it is recommended that employers confirm that one of the approved versions of the poster is being properly displayed and in the methods required. 

Susan T. Spradley

301 East Pine Street
Suite 1400
Orlando, FL 32801
Phone: 407-244-5650
Fax: 407.244.5690
401 East Jackson Street
Suite 2700
Tampa, FL 33602
Phone: 813.273.5000
Fax: 813.273.5145