What are the employer notification requirements under the Family Medical Leave Act (FMLA)?

Effective communication is a key component of a successful Family and Medical Leave Act (FMLA) program. Covered employers must provide employees with certain critical notices about the FMLA. An employer generally will be covered under the FMLA if it is a private employer with 50 or more employees, a public agency, or a public or private elementary or secondary school.

All covered employers must display a general notice about the FMLA (an FMLA poster). Additionally, covered employers who have employees who are eligible for FMLA leave must:

  • Provide employees with general notice about the FMLA;
  • Notify employees concerning their eligibility status and rights and responsibilities under the FMLA; and
  • Notify employees whether specific leave is designated as FMLA leave and the amount of time that will count against their FMLA leave entitlement.

Here is a DOL Fact Sheet about the notice requirements: https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf

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