Recently, the U.S. Department of Labor issued a new Family and Medical Leave Act (“FMLA”) poster. The new poster presents the information about the FMLA in a question-answer format, the DOL believes that presenting the information in this way will make it more employee friendly. Employers may continue to use the April 2016 version to fulfill the posting requirement.
Employers with 50 or more employees must display a poster, at each of its locations, summarizing the FMLA’s significant provisions and informing employees on the process of filing a complaint. The poster must be displayed in a conspicuous place where employees and job applicants can see it.
Electronic posting is acceptable to meet the posting requirement. However, employers must inform employees and applicants of where and how to access the notice electronically. Additionally, employees and applicants must be able to access the electronic posting without having to specifically request permission to view a file or access a computer.
If an employer’s workforce is made up of a significant portion of people who are not literate in English, employers need to provide this general notice in the language in which they are literate. Unfortunately, the DOL does not define what constitutes a “significant portion” of employees.