Re: FMLA Policy Required?

editorial

I don't think so -- every employer covered by the FMLA is required to post a general FMLA notice and keep it posted on its premises. The DOL’s Notice to Employees of Rights Under FMLA (WH Publication 1420) satisfies this general notice requirement. Covered employers must post this general notice even if no employees are eligible for FMLA leave.

However, only if an FMLA-covered employer has eligible employees, it must also provide this general notice to each employee by including the notice in employee handbooks or other written guidance to employees concerning employee benefits or leave rights, if such written materials exist, or by distributing a copy of the general notice to each new employee upon hiring.

So, I think the new regs say that although you have to post general notice, you do not necessarily need to have notice/policy in handbooks (unless you have eligible empoyees). I would be cautious, however, if you are "on the brink" of having eligible employees (i.e., an office with 45+ employees or two offices within 75 miles of eachother that get close to 50 employees) -- might want to have a "just in case" policy.