DOL's Spanish Version of FMLA Poster Available
Author: Melissa Burdorf, XpertHR Legal Editor
October 1, 2013
After six months of waiting, employers can now access the Department of Labor's (DOL's) Spanish version of the Family and Medical Leave Act (FMLA) poster. This follows the DOL's February 2013 revision of the English version to include the expanded military-related leave entitlements and the availability of leave for airline flight crew employees. Employers who have a significant portion of employees who speak Spanish should:
- Post the DOL's updated Spanish version of the FMLA notice in all locations where employees work, even if there are no FMLA-eligible employees or Spanish-speaking employees at a particular location. The Spanish version should be posted next to the English version;
- Remove all outdated versions of the FMLA notice;
- Update any employee handbooks or other written documentation provided to Spanish-speaking employees concerning benefits and leave rights;
- Provide a copy of the new notice to all new Spanish-speaking employees upon hire (if it is not included in an employee handbook provided to new hires);
- Provide a copy of the new notice to all Spanish-speaking employees requesting FMLA leave; and
- Update any electronic postings to include a link to the Spanish version.
If a significant portion of the employer's workforce speaks a language other than English or Spanish, the employer should make sure to update all postings, notices and forms in that language as well. The FMLA does not define what constitutes a "significant portion of the workforce," nor does case law or the DOL provide any guidance on what percentage of the workforce would be significant enough to require the general notice to be provided in various languages.
The DOL has translated several other forms and documents into Spanish, which may be helpful for employers with a large Spanish-speaking employee population. These include:
- FMLA employee guide;
- FMLA mini-guide;
- FMLA mini-guide-military;
- FMLA military leave FMLA guide;
- Fact Sheet # 28B: FMLA leave for birth, bonding, or to care for a child with a serious health condition on the basis of an "in loco parentis" relationship; and
- Fact Sheet # 28C: FMLA leave to care for a parent with a serious health condition on the basis of an "in loco parentis" relationship.
The FMLA certification forms and some other FMLA-related guidance documents have not been translated into Spanish. Therefore, if an employer has a large Spanish-speaking population, it should ensure all required postings, forms and letters are provided in Spanish.