The Truth About FMLA

As you've probably heard by now, some major revisions are in the works for the Family and Medical Leave Act (FMLA), and these changes need to be reflected in the posters your company uses. There are many myths and half truths being spread on the Internet and by mail, so please read below to learn the truth about the FMLA:

Myth: The FMLA changes are done, and are incorporated into posters you can buy today.
Fact: The Department of Labor announced in April 2008 that they were delaying the release of final FMLA regulations until the Fall of 2008.

Myth: The new FMLA changes take effect in January 2008, so my posters with old FMLA language are now out of date.
Fact: Because the final language has not been issued, the Department of Labor has stated that displaying a poster containing an interim FMLA posting is optional, and not required until the final posting language is released.

Myth: If I buy a poster now I'll be covered when the posting becomes mandatory.
Fact: If you buy and are shipped a poster now, it will at best have an interim FMLA posting. This means that when the final language is released this Fall, you will need to update your posters yet again. Because of this, Compliance Poster Company only recommends buying a poster for immediate shipment now if you are out of compliance with other regulations. If the FMLA is the only change you currently require, we recommend that you pre-order a poster today to ensure that when the regulation is made public, you will be among the first to receive a revised poster.

Myth: My state doesn't require the FMLA changes, or my state has different FMLA requirements.
Fact: The FMLA changes are at a federal level, and are required for all 50 states and US territories.

Myth: The FMLA changes only apply to businesses that have employees in the military.
Fact: These changes apply to ALL businesses. While a major portion of the changes involve expanded leave for relatives of persons serving in the military, there are also changes that apply to all employees.

What changes are on the revised FMLA?

Victoria A. Lipnic, Assistant Secretary of Labor for Employment Standards, recently testified before congress that the changes include:

• Major changes to the existing medical certificate requirement
  • Under the new law, FMLA would allow family members of military personnel to take up to 26 workweeks of unpaid leave in a single 12-month period to care for service members suffering from serious injury or illness.
  • Additionally, this law would permit an eligible employee who is the spouse, son, daughter, or parent of a service member on active duty or notified that he or she will be called to active duty in the near future up to 12 weeks of FMLA leave. This leave would be defined as a "qualifying exigency.”
  • Examples could include overseas assignments, troop mobilization, and active duty recalls.
• Changes to the definition of a "serious health condition"
• Revised employer and employee notice requirements
• New allowances for electronic posting of FMLA regulations under certain conditions
• Raising civil penalties for non-compliance of posting requirements