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DOL updates FMLA Fact Sheets

03 Apr

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Update Applicable to:Effective date
All employersSee details below


What happened?

In January, the DOL issued five fact sheets that focus on various aspects of the FMLA.


What are the details?

The updates on the fact Sheets on FMLA Requirements:


Fact Sheet 28D: sets forth an employer’s notice obligations when informed that an employee may need FMLA qualifying leave (regardless of the reason), and the consequences for not providing the required notices, as well as explaining what each notice curtails. The notices that the employer must provide are the following:


Fact Sheet 28E: sets forth how an employee must request their employer with notice of FMLA leave, and the consequences of failing to provide notice. Although this fact sheet reiterates that an employee does not need to specifically request FMLA Leave, he must provide sufficient information to allow the employer to conclude that the request is for FMLA Leave.

Fact Sheet 28H: reminds employers of the 4 options that employers may use to establish the 12-month period for taking FMLA leave for most leave reasons. The methods following provided examples of how they operate (except for military caregiver):

Fact Sheet 28E: sets forth how an employee must request their employer with notice of FMLA leave, and the consequences of failing to provide notice. Although this fact sheet reiterates that an employee does not need to specifically request FMLA Leave, he must provide sufficient information to allow the employer to conclude that the request is for FMLA Leave.

Fact Sheet 28H: reminds employers of the 4 options that employers may use to establish the 12-month period for taking FMLA leave for most leave reasons. The methods following provided examples of how they operate (except for military caregiver):

The selected method must be the same 12-month period for all employees.
If the employer fails to select one of the four methods discussed above, the employer must use the 12-month period that is the most beneficial to the employee.


Fact sheet 28I: explains to employers how to count the amount of leave available and the amount of leave used under the FMLA. It explains how to convert leave into hours when FMLA runs concurrently with other types of leave and special rules.

Fact Sheet 28L: addresses the rules for situations where both spouses work for the same employer and provide examples of how to administer it in these types of situations.


Business Considerations


Resources


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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