Workplace posters are conspicuously displayed notices to employees regarding their rights under state and federal law.  When the law changes as to those rights, these notices must follow suit.  As a result, due to recent changes to the Family and Medical Leave Act (FMLA) and new employee rights under the Pregnant Workers Fairness Act (PWFA) and the “Providing Urgent Maternal Protections for Nursing Mothers Act” (the “PUMP Act”), covered employers should ensure they are displaying updated workplace posters.

The FMLA generally provides covered employees with up to 12-weeks of unpaid, job-protected leave per year.  Recent clarifications explain that while that leave is unpaid, an employee might choose to, or be required to, use employer-provided leave simultaneously.

The PUMP Act, which took effect on April 28, 2023, requires employers to provide reasonable break times for an employee to express breast milk and requires that nursing employees be provided a place to pump at work that is shielded from view and free from intrusion from coworkers and the public.  It also specifically provides that the designated pumping area may not be a bathroom.  All employers that have fewer than 50 employees are covered by the law unless and employer can show that providing the required break time and space would impose a significant difficulty; otherwise known as “undue hardship.”

The PWFA, which just recently took effect on June 27, applies to all employers with at least 15 employees and requires those employers to offer reasonable accommodations to workers’ known limitations related to a pregnancy, childbirth, or a related medical condition, unless the employer can demonstrate that such an accommodation will cause undue hardship.

To assist employers with compliance with notice requirements, the United States Department of Labor (DOL) and the U.S. Equal Employment Opportunity Commission (EEOC) have updated the following relevant posters to include these recent changes:

• Family and Medical Leave Act (FMLA) poster.
• Fair Labor Standards Act (FLSA) poster.
• “Know Your Rights: Workplace Discrimination Is Illegal” poster.

Covered employees should display posters in a conspicuous place and are encouraged to supplement physical posting by posting notices digitally on their websites.  This is especially important if a business employs individuals who work remotely.

If you would like assistance ensuring your business is compliant with state and federal notice requirements, Campanella Law Office can help you.

(This blog, prepared by Campanella Law Office, is for general informational purposes only and is not intended to convey specific legal advice, nor is it intended to create or constitute an attorney-client relationship.)