FMLA Update addresses a complex issue for employers and HR practitioners. Every year, we offer a recap of key FMLA issues, case law, tips and tools that we source from employment law attorneys and HR experts. Our update points to significant developments for the prior year, lessons learned from case law, and tips on fundamentals and best practices.

What’s new in the past year

Case Law: Every year, Family Medical Leave Act guru and employment law attorney Jeff Nowak of Littler posts a key resource for employers,  HR professionals, and employment law attorneys on his blog, FMLA Insights. See his post: The American Bar Association’s summary of cases from the prior year for “a comprehensive report of FMLA decisions handed down by the federal courts in the previous year.”  Here’s a direct link to the PDF:  ABA’s Summary of 2021 FMLA Cases.

FMLA forms – DOL provides “optional-use forms which can be used by employers to provide required notices to employees, and by employees to provide certification of their need for leave for an FMLA qualifying reason. These forms are electronically fillable PDFs and can be saved electronically. Alternatively, employers may use their own forms, if they provide the same basic notice information and require only the same basic certification information.” This year, the DOL updated most forms with an expiration date of 6/30/2026, Click to access all FLMA forms.

FMLA Posters – DOL issued a revised poster in April 2023, Changes appear to b =e mostly cosmetic. DOL says that the April 2016 and February 2013 versions still fulfill the posting requirement.

Caregiver Resources – DOL issued a website for Family Caregivers: Information on the Family and Medical Leave Act – U.S. Department of Labor web resources, FAQs, and more.

FMLA Update: State leave laws

FMLA at 30 years


FMLA Update: New or Updated Fact Sheets / Posters

DOL issued fact sheets and guidance on several issues this year (see below). One focus was mental health, and although nothing about eligibity changed, the guidance is intended to offer clarifications.

See all Fact Sheets – note that several were updated in 2023.

Noteworthy articles and tips on FLMA topics from expert legal and HR sources

FMLA Update: Key Resources

  • U.S. Department of Labor Family and Medical Leave Act – The U.S, Department of Labor’s general index to resources on FMLA, including an overview, news, laws, general guidance, e-tools, posters, and Fact Sheets in English, Spanish, Chinese, Korean, Tagalog and Thai.
  • FMLA forms – optional-use electronically fillable PDFs forms for employers to provide required notices to employees, and by employees to provide certification of their need for leave for an FMLA qualifying reason.
  • FMLA Fact Sheets
  • elaws Family and Medical Leave Act Advisor – The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given. Both employees and employers can benefit from elaws.
  • NCSL: State Family Medical Leave Laws
  • Check out our 2022 FMLA Update.


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