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I have seasonal employees and want to know if they "count" in deciding whether to post the Family and Medical Leave Act (FMLA) poster.

Every employer covered by the FMLA is required to post the FMLA poster. Any employer in the private sector who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year is covered. "Seasonal" employees count toward the 50-employee requirement. Please contact the Wage and Hour Division for additional assistance

  • Albuquerque 505-841-4400
  • Santa Fe 505-827-6817
  • Las Cruces 575-524-6195

Can I use one of the "all in one" posters?

Yes, employers can post the "seven-in-one" poster. This poster is provided by the New Mexico Department of Workforce Solutions free of charge and may be picked up at any New Mexico Workforce Connection Office.

Do I have to post the notices/posters in each of our buildings?

Yes. Where an employer has employees reporting directly to work in several different buildings, the employer must post all required federal posters in each building, even if the buildings are located in the same general vicinity, e.g., in an industrial park or on a campus.

Is each employer required to post all of the federal workplace posters that apply to them and their respective employees?

Where two or more employers have employees sharing the same worksite, and all the required federal posters are conspicuously posted where all the employees can see them, then only one set of posters is required.

However, different employers may have different posters requirements. Therefore, since the posters required of both employers must be posted and visible to employees, each employer at that worksite is responsible for ensuring that all the federal workplace posters that pertain to his or her employees are posted and readily visible as required.

Also remember that some posters must be posted where applicants for employment can see them.

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