For remote employees not visiting physical office locations alternative mandatory workplace posting requirements are available. The Family and Medical Leave Act (FMLA) permits the electronic posting of the required poster if all other requirements are met, which include posting in conspicuous places on the premises where employees are employed, a general notice, explaining the FMLA’s provisions; and providing information concerning the procedures for filing complaints of violations of the FMLA. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides that employers are free to provide the required notices in ways that will help to minimize costs, while still ensuring notice is provided. This can be done by sending the notice via mail or email. An electronic substitute is considered acceptable only where all employees exclusively work remotely, employees customarily receive information by electronic means, and employees always have readily available access to the electronic posting.
To comply with workplace notice requirements, Washington employers with remote workers must either:
1. Send each employee a set of posters. You may want to document that you sent the posters to your employees; and/or
You can order them online at no cost. (Refer to website: Washington State Department of Labor & Industries)
2. Send each employee an email with a link. Instruct your employees to read the posters and print them for their records. They do not have to post them in their home or vehicle.