U.S. Requires Poster Change for Employers of 50 or More

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CalChamber's recent Alert Newsletter reported that federal employers with 50 or more employees are required to display an updated federal family leave poster starting March 8. The final rule outlining the requirement was by the U.S. Department of Labor (DOL) to implement federal laws expanding Family and Medical Leave Act (FMLA) protections. The FMLA applies to employers with 50 or more employees. The FMLA changes were legislated by the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act (signed in 2009). The regulations were issued for public comment February 15, 2012, and the comment period closed on April 30, 2012.

Family Leave Notice Change

2013 Employment Notice Poster - The final regulation requires a change to the federal FMLA notice/poster entitled "Employee Rights and Responsibilities Under the Family and Medical Leave Act," prepared by DOL.

This is "Notice C" on the California Chamber of Commerce California and Federal Employment Notices Poster. 

All covered employers (50+ employees) must display the poster summarizing the major provisions of the FMLA and telling employees how to file a complaint.

The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees.

The FMLA includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period.

Definition Clarified

The revised federal FMLA poster clarifies that in addition to those currently serving, a "covered service member" also includes veterans discharged in the last five years.

Among the mandatory revisions on the federal poster is a note that the FMLA definitions of "serious injury or illness" for current service members and veterans "are distinct from the FMLA definition of ‘serious health condition.’"

A second mandatory note states that special hours of service eligibility requirements apply to airline flight crew employees.

Although the new poster has a revision date of February 2013, the DOL specifically noted that employers may either start using the new poster immediately or may use the old FMLA poster through March 7, 2013.

Changed requirements taking effect on March 8, according to the DOL, include "military caregiver leave for a veteran, qualifying exigency leave for parental care, and the special leave calculation method for flight crew employees."

Revised Poster

The mandatory changes to the FMLA Notice C affect: private-sector employers, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer; public agencies, including a local, state, or federal government agency, regardless of the number of employees; or public or private elementary or secondary schools, regardless of the number of employees. 

As implementation of workers’ compensation reform measures continues, there is the potential for additional mandatory changes later this year.

Poster Compliance Center, a CRA Service-Valued Provider, provides CRA members with up-to-date, mandatory state and federal labor law posters for special low pricing. Visit www.PosterCompliance.com for full details or contact Poster Compliance by email at www.CustomerService@PosterCompliance.com or by phone at (800) 322-3636. Be sure to mention that you are a CRA member. Orders must go through CRA for your association to receive credit. To order posters through CRA, CLICK HERE for the order form.