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Mar 2008
17
March 17, 2008

New Poster Requirement--Military Family Leave Notice

If you remember the famous "Uncle Sam Wants You!" poster, you might like this one just as much. The Department of Labor has released a Military Family Leave Notice that is to be posted by covered employers along with the Department's general Family and Medical Leave poster.

The March 14, 2008, edict reflects the National Defense Authorization Act's recent amendment to the FMLA. The new rules, which are outlined on the poster, provide leave rights related to military service in two instances:

  1. An eligible employee is entitled to up to 12 weeks of leave due to a "qualifying exigency" arising from the employee's spouse's, son's, daughter's, or parent's military service. Regulations clarifying what constitutes a "qualifying exigency" are forthcoming from the Secretary of Labor.

     
  2. An eligible employee who is a spouse, son, daughter, parent, or next of kin of an injured covered service member is entitled to up to 26 weeks of leave during a 12-month period for care of the service member.

Covered employers must display the new Military Family Leave Notice poster in the workplace alongside the Department's general FMLA poster. The new poster must be displayed in a conspicuous location, accessible to both employees and job applicants. Further, employers must display both the FMLA poster and the new Military Family Leave Notice poster at all their locations, even if there are no eligible employees at a particular location.

The Military Family Leave Notice poster can be found on the Department of Labor Web site and is available for printing at http://www.dol.gov/esa/whd/fmla/NDAAAmndmnts.pdf. Likewise, the general FMLA poster is available on the Department of Labor Web site located at http://www.dol.gov/esa/regs/compliance/posters/pdf/fmlaen.pdf.

If you have any questions regarding the recent amendments to the FMLA, FMLA notice requirements, or any other aspect of FMLA compliance, please contact any member of the Warner Norcross and Judd Labor and Employment Practice Group.
 

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