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:

  1. Covered Employers under the FMLA and Their General Notice Obligations
  2. When an Employee Needs FMLA Leave
  3. Qualifying Reasons for Leave
  4. The Certification Process
  5. Military Family Leave
  6. During an Employee’s FMLA Leave (which covers the various employer obligations)
  7. 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.