Employers should post the DOL’s two new posters on FLSA and FMLA protections which the DOL updated following the passage of the Pregnant Worker’s Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, discussed in our previous blog. Both posters should be placed in a conspicuous location in all employer-locations even if there are no eligible employees at those locations.
The FLSA poster was updated to ensure exempt employees were aware the FLSA protections afforded them by the Pump Act, namely that they be provided a place, other than a bathroom, to pump at work free from intrusion and shielded from view and to take reasonable break time to express their milk since, prior to the PUMP Act, the Affordable Care Act only extended those protections to non-exempt employees.
The DOL updated its FMLA poster in late April 2023 to clarify that, while FMLA leave is unpaid, employees may choose to or be required to use their employer-provided leave at the same time. That poster is in addition to the poster required by the Equal Employment Opportunity Commission advising employees of their rights under the PWFA that must be posted on or before the PWFA goes into effect on June 27, 2023.