Family and Medical Leave (FMLA) Policy

Author: Barton A. Bixenstine, Vorys, Sater, Seymour and Pease LLP

When to Use

Technically, employers are not required under the Family and Medical Leave Act (FMLA) to maintain a written FMLA policy. However, if an FMLA-covered employer has any eligible employees and a written handbook or written statement of its benefits or leave policies, it must include an FMLA policy in the handbook or written benefits/leave policy.

The FMLA policy must include the entire substance of the Department of Labor (DOL) document WHD Publication 1420, titled "Notice to Employees of Rights Under FMLA." Employers should make sure to post this notice, or an employer-created equivalent, in all business locations.

In addition, employers should include in a written FMLA policy specific designations of all of the employer policy options available under the regulations, which includes designation of the 12-month period, the option or requirement to use paid leave as part of FMLA leave, provisions regarding use of vacation time during FMLA leave, and the other topics set forth in the policy below.