The Department of Labor has released a new poster that reflects recent amendments to the Family and Medical Leave Act ("FMLA"). As part of the FMLA, employers are required to post in a conspicuous place a notice explaining the Act's provisions. The new poster reflects changes that were made to the FMLA in the Department of Labor's recently published "Final Regulations," which take effect on January 16, 2009. Among other changes, the new poster contains a description of the requirements for military family leave. Previously, employers were required to post separate notices regarding military family leave and the FMLA. The new poster is currently available on the Department of Labor's website.

The Department of Labor has also made available new forms that comply with the recently amended FMLA. Employers are not required to use these forms. However, use of these government-issued forms can help to ensure proper FMLA compliance. The new forms are as follows:

  • Form WH-380E, which can be used to obtain certification regarding the serious health condition necessitating an employee's leave of absence.
  • Form WH-380F, which can be used for employees who take leaves of absence to care for ill family members in order to obtain certification regarding the family member's serious health condition.
  • Form WH-381, which provides employees requesting leave with all of the information that must be provided to them under the amended FMLA.
  • Form WH-382, which can be used to approve or deny an employee request for leave, and to inform an employee whether or not a leave of absence has been designated as FMLA leave.
  • Forms WH-383 and WH-384, which can be used to obtain certification regarding the circumstances justifying an employee's military family leave.  

These forms are also available on the Department of Labor's website. Along with the Department of Labor's Final Regulations, the new FMLA poster and these forms become effective January 16, 2009.