New FMLA Guidance

Employers subject to the Family and Medical Leave Act (FMLA) will soon have to update their FMLA posting.

The FMLA provides eligible employees of covered employers with job protected leave for certain family and medical reasons.  A covered employer is one that employed 50 or more employees in 20 or more workweeks in the current or previous calendar year.

Eligible employees can take up to 12 weeks of unpaid leave for the following reasons:

• The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care, and to bond with the newborn or newly-placed child;
• To care for a spouse, son, daughter, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care;
• For a serious health condition that makes the employee unable to perform the essential functions of his or her job, including incapacity due to pregnancy and for prenatal medical care; or
• For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

The Department of Labor released a new Employer’s Guide to the FMLA. It can be accessed here.  

The DOL has also updated its FMLA poster to present information in an easier to read format.

Employers subject to the FMLA may find the new publication helpful for understanding FMLA requirements.