Mandatory FMLA Federal Poster Change

Updated FMLA Posting Released by DOL:

Covered Employers Must Replace Federal Poster by March 8, 2013

The FMLA poster has been updated to reflect a change to the military family leave entitlements for covered servicemembers which has been expanded to include current members of the Armed Forces and National Guard or Reserves and veterans. In addition, special hours of service eligibility requirements that apply to airline flight crew employees have been added to the poster. This is a mandatory change.

Statutory language regarding this posting: The U.S. Department of Labor issued a final rule implementing two important expansions of FMLA protections. The first expansion provides families of eligible veterans with the same job-protected FMLA leave currently available to families of military service members and it also enables more military families to take leave for activities that arise when a service member is deployed. The second expansion modifies existing rules so that airline personnel and flight crews are better able to make use of the FMLA’s provisions.

For additional details, please see the FAQs below.

Q:        What changed?

A:         The regulatory updates include:

  • Families of eligible veterans are entitled to the same FMLA-protected leave available to families of military service members. In addition, leave is available to more military families for activities related to deployment of a current service member.
  • A modification to how the FMLA applies to airline personnel and flight crews, due to the unique way their hours are counted. The final rule explains how to calculate the required number of hours airline employees must work in a 12-month period to be eligible for FMLA leave.

Q:        When does the new FMLA law take effect?

A:         The new rule takes effect on March 8, 2013.

Q:        Which companies must comply?

A:         The new rule affects employers with 50 or more employees and all public employers. These businesses are legally required to update their posters by the compliance deadline.

Q:        What products does this affect?

A:         The ComplyRight Federal Poster (English, Spanish and Bilingual) and all ComplyRight Federal/State Poster Kits.

Q:        When will the new poster be available?

A:         The new posters are currently in production. Orders will now go on hold until the new posters are in-stock and ready to ship. We expect to begin shipping in 2-3 weeks.



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