New FMLA Regulations, Poster Effective March 8, 2013

By: Lisa M. Schonbeck, Esq.

On February 6, 2013, the U.S. Department of Labor (“DOL”) issued a final rule implementing new regulations that expand the protections afforded to employees covered by the Family and Medical Leave Act (“FMLA”). This Final Rule is based on the proposed rule that was issued in February 2012, and implements the statutory amendments to the FMLA that occurred under the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act. For more information regarding the DOL’s proposed rule, see Leech Tishman’s February 11, 2012 Client Alert.

As part of this final rule, the DOL revised its “Employee Rights and Responsibilities under the Family and Medical Leave Act” poster, as well as the various FMLA notice and certification forms. All employers covered by the FMLA (generally, all public employers and private employers with 50 or more employees) must display the revised poster starting March 8, 2013. The new poster is available on the DOL’s website. The poster must be displayed in a conspicuous place where employees can see it, and must be displayed in all job locations, regardless of whether there are any eligible employees working at a particular location. Also available on the DOL’s website are the revised FMLA notice and certification forms.

The new regulations, which take effect March 8, 2013, clarify and expand the following types of FMLA leave:

  • Military caregiver leave for veterans,
  • Qualifying exigency leave for parental care, and
  • Job-protected leave for airline personnel and flight crews.

In addition, the DOL made a few modifications to the non-military provisions of the FMLA. A side-by-side comparison of the existing and new regulations is available on the DOL’s website.

Covered employers should take the following steps as soon as possible:

  • Replace the current FMLA poster with the new poster issued by the DOL,
  • Update your FMLA policy to comply with the Final Rule,
  • Replace existing FMLA notice and certification forms with the new DOL forms, or adapt your forms so that they are consistent with the new forms.

Leech Tishman’s Employment Practice Group has significant experience handling FMLA matters and is available to answer any questions employers may have regarding the new FMLA regulations and their impact on employers’ personnel policies and procedures.

Lisa M. Schonbeck is an associate at Leech Tishman and practices in the Employment and Litigation Practice Groups. Lisa can be reached at 412.261.1600 x 233 or lschonbeck@leechtishman.com. Please feel free to contact Lisa with any questions regarding the new FMLA regulations or any other employment matter.

Leech Tishman is a firm dedicated to providing full-service commercial legal services to individuals, businesses, and institutions.  We combine a deep understanding of our clients and their businesses with skilled legal counsel to find solutions.  We offer legal services in alternative dispute resolution, bankruptcy & creditors’ rights, construction, corporate, employment, energy, environmental, safety & toxic torts, estates & trusts, government relations, insurance coverage & corporate risk mitigation, litigation, real estate, and taxation.  For more information call 412.261.1600 or visit www.leechtishman.com.