DOL Issues New Model FMLA Poster

The U.S. Department of Labor (DOL) has published an updated model Family andMedical Leave Act (FMLA) notice for employers to use to meet the law’s workplaceposting requirement. The new poster is dated April 2023 and is available on theDOL’s website.

HIGHLIGHTS

• The DOL has issued a revised modelFMLA poster, dated April 2023.

• Employers may use the new posteror continue to use previous versionsfrom 2016 and 2013 to meet FMLAposting requirements.

• All employers must conspicuouslypost the model general notice inthe workplace.

• Employers with FMLA-eligibleemployees must also provide thenotice in any employee handbooksor other written employee materialsabout benefits, or provide it onhiring.

New Model Poster

The new model poster meets the employer posting requirements of the FMLA, butin place of the model poster, employers may duplicate its text or use anotherformat if they wish. The employer’s poster must, however, include all theinformation contained in the model notice, at a minimum.

The April 2016 and February 2013 versions of the model poster still fulfill theposting requirement.

FMLA Posting Requirement

The FMLA and its implementing regulations require employers covered by the lawto post a notice on their premises explaining the law’s provisions. The poster mustalso provide information on how to file complaints of FMLA violations with theDOL Wage and Hour Division.

This general notice must be posted prominently in conspicuous places whereemployees work and where it can be readily seen by employees and jobapplicants. The poster and the text must be large enough to be easily read andthe text must be fully legible.

Employers may post the notice electronically as long as the electronic noticeotherwise meets the law’s posting requirements. Covered employers must postthe general notice even if no employees are eligible for FMLA leave.

If a significant portion of an employer’s workforce is comprised of workers whoare not literate in English, the employer must provide the poster in a language inwhich the employees are literate.

Employers that willfully violate the posting requirement may be assessed a civilmoney penalty of up to $204 for each separate offense.

Employee Handbooks

FMLA-covered employers with FMLA-eligible employees must also provide thegeneral notice to each employee by including it in employee handbooks or otherwritten guidance about employee benefits or leave rights, if such materials exist.Alternatively, employers may meet this additional requirement by distributing acopy of the general notice to each new employee on hiring. Distribution may beelectronic.