Are You Ready for the New FMLA?
The new FMLA regulations go into effect this Friday, January 16. So, what does this mean for employers? Here’s what all employers with 50 or more employees must do by that date.
Use the New Forms
The Department of Labor (DOL) has created new model notice, certification and designation forms.
- Notice. Click here for the new notice form, which must be given to employees within 5 business days of the leave request.
- Certification. If an employee will be required to certify leave, the certification form should be given to the employee (along with the notice form) within 5 business days of the leave request. Click here for the form for an employee’s condition, here for the form for a family member’s condition, here for the military exigency form and here for the form for military service member conditions.
- Designation. The DOL has created a new designation notice to indicate whether (1) leave is FMLA-qualifying, (2) paid leave substitution will be required and (3) a fitness-for-duty certification will be required to return from leave. The form must be provided within 5 business days of the designation determination.
Post the New Poster
The DOL has created a new FMLA poster, available here. Employers must post the notice either physically or electronically in a prominent place easily seen by applicants and employees.
Update Policies
Employers should revise their FMLA policies to include — at a minimum — all the information included in the new poster.
Communicate with Managers
Employers should ensure that managers are aware of the new forms, poster, policies and leave entitlements.
More Info
Click here for military leave FAQs and here for non-military leave FAQs. Click here for our patented FMLA Cheat Sheet.
This was very helpful. Thank you.
You’re very welcome!
Oh, no! We just revised our HR Policy Manual, which includes a notice of FMLA rights prior to these changes, and the new manuals were printed yesterday. We plan to distribute them to all employees in the next two weeks. (In addition to using the new forms, posting the new poster and communicating with managers…) Do we need to print an addendum with an updated notice of FMLA rights and distribute them with the new manuals?
Sorry to hear that, Beth. While you should obviously check with your own HR/legal experts, an addendum is a great idea and can help bridge the gap ’til the next handbook edition. The most important thing is to follow the substance of the new regs — the forms, poster and manager communication should all help achieve that end.
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