Department of Labor regulations implementing the Family and Medical Leave Act (FMLA) require that covered employers include notice of the Act’s provisions in employee handbooks. Specifically, the Department of Labor takes the position that this notice must include all of the information set forth in the Department of Labor’s Employee Rights and Responsibilities Under the Family and Medical Leave Act poster.
In 2008, Congress amended the FMLA to provide employees with job protected leave for “qualifying exigency leave” and “leave to care for a covered servicemember.” Accordingly, all covered employers with employee handbooks are required to have details on these types of leave set out in the FMLA policies in their handbooks. Its always a good idea to review your written policies for legal compliance, and employers covered by the FMLA have an additional reason in light of these provisions. –David J. Sullivan