The U.S. Department of Labor (DOL) requires employers to prominently display work-related posters where their employees can easily access and read them. The Family and Medical Leave Act (FMLA) poster is among the most important of these. As an employer, it is important to understand which posters you’re required to display in your company and why they are federally mandated.
Adhering to these federal mandates regarding employee leave laws is becoming increasingly complex. The FMLA extends beyond the traditionally well-known areas of maternity leave and stretches outward to a wide range of state laws.
This creates a new set of challenges for employers. To prevent essential requirements from getting lost in the details, ensure your organization stays compliant with our all-in-one federal and state labor law posters.
To better understand what to expect, here’s what you need to know about the FMLA poster for 2025.
In This Article
- What Is The FMLA?
- What Are the Federal FMLA Obligations for My Business?
- How FMLA Applies to Paternity Leave, Mental Health and Grief
- FMLA With State-Level Family and Medical Leave Laws
What Is the FMLA?
FMLA stands for the Family and Medical Leave Act. Its purpose is to allow eligible employees — those with 12 months of service and 1,250 hours worked — to obtain job-protected leave in the event they must be absent from work due to certain medical or family reasons. The FMLA provisions also guarantee that covered employees retain the same group health insurance benefits while they are taking leave.
Under FMLA, eligible employees are entitled to 12 weeks of unpaid leave in the following circumstances:
- The birth and care of a newborn child
- The placement of an adopted or foster child within the employee’s care
- To care for an immediate relative — spouse, parent or child — who has a severe health condition
- The employee’s own severe medical condition that prohibits the performance of essential job duties
- Any qualifying exigency resulting from the employee’s parent, child or spouse being a covered “active duty” member of the military
- To care for an immediate family member who is a covered service member with a severe injury or illness
What Are the Federal FMLA Obligations for My Business?
While state regulations may vary, federally, schools, public agencies and any employer with 50 or more employees must adhere to FMLA.
The FMLA does not require you to pay covered employees. However, you must protect employees’ jobs until they can return to work (within the confines of the law). Pay would be contingent upon available sick, vacation, personal or paid disability time off.
When an employee returns to work, you must restore the employee to their original role or to an “equivalent” job that retains the same benefits, pay and other employment conditions. Additionally, you cannot delete any other benefit the employee earned or was entitled to prior to using FMLA simply because they were absent on FMLA leave.
How FMLA Applies to Paternity Leave, Mental Health and Grief
New variables, such as paternity leave, should be considered when summarizing and displaying a federal FMLA poster in the workplace. What is and is not covered in relation to bereavement, stress and mental health matters is explained below:
FMLA for Fathers
FMLA is completely gender-neutral. For businesses, this means parents have an equal right to take up to 12 weeks of FMLA leave regardless of gender. Parents must take the entitled leave within a year of the child’s birth or placement.
The federal FMLA does not require the allocated 12 weeks to be paid. However, the following states have parental leave laws that provide income during this time:
- California
- Colorado
- Connecticut
- Delaware
- Maine
- Maryland
- Massachusetts
- New Jersey
- New York
- Oregon
- Rhode Island
- Washington
- Washington, D.C.
FMLA for Mental Health
Stress and FMLA are common topics. It is important to understand what is defined as a qualifying condition. Routine “day-to-day” stress isn’t covered under FMLA, but mental health conditions like PTSD or serious depressive disorders may qualify if they require either inpatient care or a continuous treatment plan set out by a health care provider.
For example, an employee who cannot work due to severe PTSD and sees a health care professional monthly for therapy sessions can use FMLA leave for scheduled appointments during their working day. Employees would also be able to use FMLA leave to care for a family member receiving inpatient care or a child under the age of 18 with a serious mental health condition.
FMLA leave may also be used by an employee who was a former service member or to help a military spouse or family member. While proof of diagnosis is not required, employers can request certification that details appropriate facts supporting the need for FMLA military care.
Employers may need to access, store and maintain certification that details a debilitating mental health condition in accordance with the Americans with Disabilities Act (ADA).
FMLA for Bereavement
FMLA does not cover bereavement leave. Taking FMLA for grief and depression related to a deceased family member isn’t covered, as the right to family member care ends when that individual has passed away.
However, despite the lack of coverage under the FMLA for grief, depression that is qualified as a serious mental health condition may entitle an employee to FMLA coverage. It is also worth noting that some states, like Illinois, Maryland and Oregon, have their own separate bereavement leave laws.
FMLA With State-Level Family and Medical Leave Laws
In addition to FMLA, some states have their own laws related to paid family and medical leave. A federal FMLA law notice is necessary to stay compliant, but that is only part of a larger overall puzzle.
The following states now have mandatory paid leave:
- California
- Colorado
- Connecticut
- Delaware
- Maine
- Maryland
- Massachusetts
- Minnesota
- New Jersey
- New York
- Oregon
- Rhode Island
- Washington
- Washington, D.C.
Any FMLA law change notices required in relation to these state laws on mandatory paid leave must be clearly stated and kept in a visible and prominent position.
These state laws provide broader eligibility criteria for paid leave and employee support. Despite these key differences in federal FMLA and state-level laws, employers still need to comply with both federal and state requirements. By doing so, organizations can adhere to the broadest and most generous employee assistance when needed.
Federal FMLA Poster 2025
In addition to the legal requirement to display the FMLA poster summarizing employees’ rights and explaining how to file complaints in a conspicuous place, the U.S. Department of Labor requires the use of its current poster to display this information.
Any private employer with at least 50 employees who worked a minimum of 20 weeks in the current or previous year is considered a covered employer. In addition, all public agencies — state, federal, local and educational — must adhere to FMLA guidelines.
Failing to display the correct FMLA poster 2025, where all employees and applicants can easily access the information, is a direct violation of the FMLA federal law. Employers must also account for remote workers and keep them informed through digital labor law compliance.
Secure Your Compliance With a Federal FMLA Poster
Navigating the complexities of federal FMLA rules is a challenge in itself, and changing state laws around paid leave, paternity leave, and what is and is not covered can become a constant problem for any HR department.
With so many differences and nuances to consider to remain compliant on a state and federal level, labor law posters have never been so important for finding simple and effective solutions. Poster Compliance Center’s federal posters plan ensures workplace compliance with posting the FMLA notice and any other mandatory federal notices.
Our services consolidate all required information to reduce HR departments’ guesswork and protect organizations from legal ramifications of not displaying current posters. Never worry about changing regulations again by protecting your business with our guaranteed compliant 2025 Federal and State Labor Law Posters.
Are you ready to remain compliant without the worry associated with it? Contact us today.
