New EEO Posters

November 2nd, 2009 | By Paul Cherner

The EEOC has revised its required employer postings to reflect recent changes in the EEO laws.   The new poster includes two new laws, the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) and the Genetic Information Nondiscrimination Act of 2008 (“GINA” – effective November 21, 2009.)   The revised poster also includes updates from the Department of Labor and should be posted as soon as possible.

Employers may obtain the new required postings by either :

  1. Printing the EEOC’s supplemental posting  and posting it next to the EEOC’s September 2002 “EEO is the Law” poster or the OFCCP’s August 2008 “EEO is the Law” poster, or 
  2. Printing and posting  the EEOC’s comprehensive November 2009 version of the “EEO is the Law” poster, or 
  3.  If you need multiple copies and/or non-English language versions, ordering the new poster through the EEOC Clearinghouse  (the posters are on “back order” now, but are expected to be available before GINA becomes effective on 11/21/09.)  

Time to Update Your FMLA Policy and Practices

December 10th, 2008 | By Paul Cherner

The U.S. Department of Labor has issued new regulations (effective 1/16/09), which will require all employers subject to the Family and Medical Leave Act (“FMLA”) to update their policies and forms.

Your FMLA policy must provide for Military Caregiver Leave, allowing an eligible employee to take up to 26 weeks in a 12 month period to care for a covered family service member who has suffered a serious illness or injury in the line of duty while on active duty.

Qualifying Exigency Leave may be taken by an eligible employee for up to 12 weeks when an “exigency” arises because a covered family member belonging to the National Guard or Military Reserves is on active duty or is called to active duty.  The new regulations specify 8 broad categories that are regarded as exigencies.

The new regulations provide for a revised FMLA notice to be posted, as well as new forms to be used when either of these leaves or traditional FMLA is requested.  The notice and forms are available on the DOL’s website. 

There is also a change in the time periods involved in administering FMLA requests.

I recommend that all employers inform their managers of these changes, in addition to conducting internal training for FMLA administrators.