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:

• General Notice
• Eligibility Notice
• Rights and Responsibilities Notice
• Designation Notice

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 calendar year.
• Any fixed 12-month period.
• A 12-month period measured forward from the first date an employee takes FMLA leave.
• A “rolling” 12-month period measured backward from the date an employee takes FMLA leave.

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

• Review each of the fact sheets and audit your policies, practices, and leave administration procedures to determine whether or not you need to make any changes in order to be in compliance with the FMLA.

Resources

• WHD Fact Sheets
• Fact Sheet #28D: Employer Notification Requirements under the Family and Medical Leave Act
• Fact Sheet #28E: Requesting Leave under the Family and Medical Leave Act
• Fact Sheet #28H: 12-month period under the Family and Medical Leave Act
• Fact Sheet #28I: Counting Leave Use under the Family and Medical Leave Act
• Fact Sheet #28L: Leave under the Family and Medical Leave Act When You and Your Spouse Work for the Same Employer

Source References

• Important Policy Updates from the U.S. Department of Labor (Hirsch Roberts Weinstein LLP)
• DOL Updates FMLA Fact Sheets (The Wagner Law Group)

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