In follow-up to our February 6 alert concerning the Department of Labor’s (DOL) issuance of new Family and Medical Leave Act (FMLA) regulations, remember that these go into effect this Friday, March 8, 2013. Accordingly, as of then you need to be sure

  • You have the new FMLA poster up in ALL of your facilities if you are a covered employer (i.e., you had 50 or more employees for 20 or more total workweeks in 2012 or have this many employees currently – temps included!)
  • You are using the revised FMLA certification forms – WH-384 (for military family qualifying exigency leave), WH-385 (for injured servicemember leave), and the new Rights and Responsibilities Notice (WH-381) (for all leaves).
  • You are using the new FMLA certification form – WH-385-V (for injured servicemember leave which is being used to care for a veteran who was (not dishonorably) discharged from the military in the past five (5) years).
The new poster and all of these revised and new forms are available free on the DOL website http://www.dol.gov/.