Legal Question in Medical Leave in Virginia

are FMLA posters required in a public school for employees

I recently received legal counsel from a lawyer who works with my school district. He told me that it was NOT required for the district to post rights and regs of FMLA. I thought that it was law and asked him further questions. He explained that FMLA is only required to be posted in the private sector; the public schools don't HAVE to. The school district is in Virginia. I thought public schools had to comply as well. Can you fill me in, please?


Asked on 12/01/07, 7:38 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: are FMLA posters required in a public school for employees

Section 2619 Notice (Family and Medical Leave Act of 1993)---

(a) In general----

Each employer shall post and keep posted in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary, setting forth excerpts

from, or summaries of, the pertinent

provisions of this subchapter and information pertaining to the filing of a charge.

(b)Penalty

Any employer that willfully violates

this section may be assessed a civil money penalty not to exceed $100 for each separate offense.

(The above makes no exceptions for local educational agencies, including public as well as private elementary and secondary schools.)

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Answered on 12/01/07, 2:25 pm


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