On April 26, 2016, the United States Department of Labor (DOL) issued a 75-page booklet titled “The Employer’s Guide to The Family and Medical Leave Act”. The Guide addresses commonly asked questions about the FMLA. Long-term care and senior living employers may find this Guide to be a useful resource. The Guide is organized into the following chapters:
- Covered Employers under the FMLA and Their General Notice Obligations
- When an Employee Needs FMLA Leave
- Qualifying Reasons for Leave
- The Certification Process
- Military Family Leave
- During an Employee’s FMLA Leave (which covers the various employer obligations)
- FMLA Prohibitions
The Guide contains plainly written descriptions of many FMLA provisions and cites to specific regulatory sections. It also contains examples and a feature called “Did you know?” This feature addresses some of the more technical requirements of FMLA including: the rules applicable to employees who become eligible for FMLA while already on leave; the application of joint and single employer doctrines; details on the rules applicable to adult children; medical examinations upon return from FMLA; the impact of overtime on FMLA; and how light duty applies to FMLA.
The DOL also announced that it will be issuing a new revised poster shortly. Additional information about this initiative can be found on the DOL’s website, www.dol.gov.