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The Family and Medical Leave Act notice has been revised to reflect the changes caused by the recently approved rule. The definition of “Veteran” has been revised to include both those who serve and those discharged in the past 5 years (previously it was only those who served).

The explicit definition of “Serious Injury or Illness” was removed as well, replaced by a notice that there are differences between the definition of “Serious Injury or Illness” for a service member or veteran, and “Serious Health Condition” under the FMLA.

On March 8, 2013, you are required to update any existing employment notices poster to include the revised Notice C if you are a:

  • Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
  • Public agency, including a local, state, or federal government agency, regardless of the number of employees you employ; or
  • Public or private elementary or secondary school, regardless of the number of employees you employ.

If none of these apply to you, your current 2013 poster is in compliance.

We recommend that you make sure your workplace posters are appropriately updated on or before March 8, 2013. If you have questions regarding this requirement, please contact us.



About the Author
Theodore J. Schneider practices in the areas of business and corporate transactions, employment law counseling, municipal and public law, real estate and land use, and homeowner associations. Ted began his legal career in 2002 when he joined the Los Angeles office of Gibson, Dunn & Crutcher, L.L.P. before relocating to Ventura County to join his father in practice.