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March 8, Deadline for Employers to Post Revised FMLA Poster

March 8, 2013 is the effective date for the U.S. Department of Labor’s final rule implementing important areas of expansion in the Family and Medical Leave Act (“FMLA” or “the Act”).  As part of the implementation, a revised FMLA workplace poster has been created and is available to employers on the Internet (pdf).  All covered employers are advised to replace their existing poster with the revised version by March 8, 2013.

On February 6, 2013, the U.S. Department of Labor issued its final rule, coinciding with the 20th anniversary of the signing of the Act.  The rule and its preamble require careful analysis, but the major elements are as follows:

  1. Extends the availability of FMLA leave to family members of members of the Regular Armed Forces for qualifying exigencies arising out of the servicemember's deployment;
  2. Defines those deployments covered under these provisions;
  3. Extends FMLA military caregiver leave for family members of current servicemembers to include an injury or illness that existed prior to service and was aggravated in the line of duty on active duty;
  4. Extends FMLA military caregiver leave to family members of certain veterans with serious injuries or illness;
  5. Amends the regulations to implement the Airline Flight Crew Technical Corrections Act which establishes eligibility requirements specifically for airline flight crewmembers and flight attendants for FMLA leave;
  6. Clarifies revisions concerning calculation of intermittent or reduced schedule FMLA leave; and,
  7. Reorganizes certain sections of the regulation for clarity and modifies others for technical correction.

In light of the final rule, it is imperative that employers carefully review their current policies and handbooks in order to ensure that any necessary revisions are made to reflect the changes implemented by the final rule, and develop a communications strategy to bring HR professionals and managers up to date on the new provisions.

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About Mark Fijman

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Mark Fijman specializes in labor and employment issues relating to the restaurant and hospitality industry, including Fair Labor Standards Act ("FLSA") compliance. He is an attorney in the Labor and Employment Section of law firm Phelps Dunbar, LLP’s Jackson, Mississippi office. He can be contacted at (601) 360-9716 or

Fijman represents and advises employers regarding federal and state employment laws dealing with race, age, disability, gender, national origin and religious discrimination and in administrative proceedings before the Equal Employment Opportunity Commission. His practice includes representing employers seeking to enforce non-competition/non-solicitation agreements and pursuing injunctive relief for improper use of proprietary information.He routinely counsels on issues ranging from overtime questions to discipline and termination decisions. Direct phone: (601) 360-9716.  Phelps Dunbar, LLP has offices in New Orleans, LA, Baton Rouge, LA, Houston, TX, Tampa, FL, Mobile, AL, Raleigh, NC, Jackson, MS, Gulfport, MS, Tupelo, MS and London, England.

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