by Lana L. Rupprecht, Esq. - Director and Product Compliance Counsel
May 15, 2023
What is this FMLA poster?
Under the FMLA regulations, all covered employers must post and keep posted, a poster explaining the FMLA and describing how employees may file a complaint for FMLA violations. The poster must be placed in conspicuous locations where employees are employed and where it can be readily seen by employees and applicants for employment.
To meet these requirements, employers may duplicate the text of the DOL's prototype notice entitled WHD Publication 1420. This is the notice that was updated and is dated April 2023.
Employers with FMLA eligible employees must also provide this FMLA notice to each employee by including it in employee handbooks, other written guidance or by distributing a copy of the general notice to each new employee upon hiring.
Where is the poster?
You can download and print the DOL FMLA April 2023 poster here!
Do I have to use that exact poster?
No. According to the FMLA regulations, employers may use another format so long as the information provided includes, at a minimum, all of the information contained in that DOL poster.
None of my employees are eligible for FMLA. Do I still have to post this?
Yes, this poster must be displayed at all employer's locations even if there are no eligible employees.
What has changed?
Not a lot. Substantively, the updated poster is similar to the prior posters. The new version is purple and also contains a QR code though!
Do I need to take the old poster down right now?
No. The DOL states that the April 2016 and February 2013 versions still fulfill the posting requirement. The DOL also states on its web page that the U.S. Equal Employment Opportunity Commission (EEOC) is in the process of updating its "Know Your Rights" poster to address the Pregnant Workers Fairness Act, which goes into effect on June 27, 2023 and that employers who purchase an all-in-one poster from third party vendors may wish to wait until this EEOC poster is complete.
But all my employees are remote. How do I post this when there is no physical office location?
According to the FMLA regulations, employers may post this poster electronically.
What happens if I decide I do not want to post this or any FMLA poster?
An employer that willfully violates the posting requirement may be assessed a civil money penalty not to exceed $204 for each separate offense.
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