Yesterday's Advisor covered policy revisions required by the new FMLA regs. Today we’ll look at changes required in notice and certification procedures, and we’ll introduce the complete guide to the new regs.

Some of the biggest changes in the final FMLA regulations were to the provisions for FMLA notice and medical certification.

General Notice Obligations

Employers covered by the FMLA must post a general FMLA notice even when they have no FMLA-eligible employees.

  • Electronic posting. Electronic posting of the general FMLA notice is allowed, as long as the employer has otherwise met all of the requirements for notice (i.e., posted where applicants can see, in language spoken by a significant portion of employees, and where all employees can have access to online documents).
  • Handbooks. If an employer does not have an employee handbook or other written leave materials, the employer must provide the general notice to new employees upon being hired. If the company has an employee handbook or policy manual, it should include an FMLA policy that covers the required notice provisions.
  • Language requirements. Where a significant portion of workers are not literate in English, the employer must provide general notice in a language in which the employees are literate.

FMLA changes—the #1 hassle of 2009. BLR will have your compliance guide ready when the new rules take effect. Get more information or pre-order.

Eligibility Notice

Absent “extenuating circumstances,” an employer must notify an employee of his or her eligibility to take FMLA leave within 5 business days of the employee’s request, or when employers acquire knowledge that leave may be for an FMLA-qualifying reason.

  • New DOL eligibility notice form (WH-381). This form contains all of the notice requirements from the final FMLA regulations. Note that employers denying leave based on eligibility must now indicate at least one reason why the employee is not eligible.

Rights and Responsibilities Notice

This notice is combined with the DOL’s WH-381 and, likewise, must be delivered within 5 business days of the employee’s request for FMLA leave, or when employers acquire knowledge that an employee’s leave may be for an FMLA-qualifying reason.

  • Content of notice. The notice of “Rights and Responsibilities” (R&R) enumerates specific expectations and obligations of employees and consequences of an employee’s failure to meet those obligations. Specifically, medical certification requirements (if any), rights and rules regarding the substitution of paid leave, the ways in which an employee may pay premiums for continuing benefits, and job restoration rights.

With a flood of changes to the FMLA, will you be ready? If you’re confused by the new rules, preorder BLR's comprehensive guidebook, the Family and Medical Leave Act Compliance Guide—we’ll have it ready for the new regulations’ effective date. Find out more.

  • Medical certification. If the employer requires medical certification, the certification form (DOL’s WH-380E) for employee’s own serious health condition or WH-380F for a family member’s serious health condition) may be included with the WH-381 (Notice of Eligibility and Rights & Responsibilities).

It seems like an overwhelming task to get ready for these far-reaching new FMLA rules, and employers need a helping hand. Today, BLR's editors are diligently at work updating their comprehensive compliance guide to reflect all of the changes. They are developing practical answers to all the FMLA questions you are asking—and the ones you haven't thought of but should be asking.

The Family and Medical Leave Act Compliance Guide will include:

  • Leave law overview
  • All the new forms and advice on how to use them
  • Practical guidance on implementing all aspects of the new rules
  • Analysis of Federal and state laws, what they require, and how they interact
  • Leave circumstances, coverage, and eligibility—FMLA, ADA, workers' compensation, military leave
  • Recordkeeping and reporting requirements
  • Reasonable accommodation
  • Sample policies and forms
    Plus
  • A quarterly newsletter and updates, to make sure you stay in compliance as any changes come about.

Get more information or pre-order your copy.

Download newsletter sample
Download product sample
Download table of contents