The Department of Labor updated the Federal Family and Medical Leave Act (FMLA) notice; however, the revisions are not mandatory.
We often inform you of posting changes that require you to replace postings at your workplace locations, but in this case, we’re giving you a friendly heads-up that no action is required.
You may receive phone calls and email solicitations from poster vendors urging you to purchase the revised notice, but GovDocs has confirmed that employers can retain the February 2013 version of the FMLA posting. The Department of Labor does not consider the formatting changes and style changes to the posting content substantial enough to merit a required change.
GovDocs Compliance Counsel, Anne Jakala, Esq., pointed out that initial reports indicated the revision was a mandatory update to the FMLA poster, but the DOL has explicitly indicated that the change is not a required update and that the February 2013 version is still compliant.
All employers subject to the provisions of the FMLA are required to display the FMLA notice, and you are welcome to display the new family-friendly version (in a conspicuous location, of course).
But if your workplaces are displaying the 2013 version, you’re good to go. The February 2013 version of the FMLA poster is still good and can be used to fulfill the posting requirement.