The Family and Medical Leave Act (“FMLA”) applies to employers with 50 or more employees in 20 or more work weeks in the current or preceding calendar year. The FMLA requires covered employers to post a General FMLA Notice that explains not only the protections and requirements of the FMLA, but also how employees can file complaints with the U.S. Department of Labor alleging violations of the FMLA. The notice should be displayed in a conspicuous area, and posted regardless of whether any employees are FMLA eligible. Earlier this year, the DOL released a new version of this notice. Although employers can continue with the existing poster, the new poster presents the required information in a more user friendly manner and its use ensures the most recent required information is posted.
The new poster can be downloaded from: https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
In 2015, charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) alleging employer violations of the Americans with Disabilities Act (“ADA”) reached a new high and increased 6% from the previous year. The EEOC’s analysis of these charges revealed that many arose out of an employer’s refusal to allow leave as a reasonable accommodation. In response to what the EEOC called a “troubling trend,” on May 6, 2016, the EEOC issued a Resource Document titled Employer-Provided Leave and the American’s with Disabilities Act. The purpose of the resource document is to address employer policies that deny or unlawfully restrict the use of leave as a reasonable accommodation. The Resource Document not does carry the same weight as an official EEOC Guidance, as it has not been voted on by the entire Commission. However, it is still a useful resource for employers trying to navigate employee requests for additional leave as a reasonable accommodation.
The EEOC Resource Document is found at https://www.eeoc.gov/eeoc/publications/ada-leave.cfm.