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What notices must employers provide to employees regarding the FMLA?

June 30, 2014

Employers must provide employees with the following notices regarding the FMLA: General Notice, Eligibility Notice, Rights and Responsibilities Notice and a Designation Notice. The notices are explained briefly in the following paragraphs.

General Notice

Employers covered by the FMLA must prominently post a general FMLA notice where it can be readily seen by employees and applicants for employment. The general notice explains an employee’s rights and responsibilities under the FMLA. The Department of Labor (DOL) has developed a model general notice for employers to use.

Covered employers must post this general notice even if no employees are eligible for FMLA leave. Covered employers that have any eligible employees must provide this notice to each employee by including it in any written guidance to employees or distributing a copy of the general notice to each new employee upon hiring.

Eligibility Notice

When an employee requests FMLA leave, or when the employer learns that an employee’s leave may be for an FMLA-qualifying reason, the employer must notify the employee of his or her eligibility to take FMLA leave within five business days, absent extenuating circumstances. The DOL has provided a sample eligibility notice for employers to use.

Rights and Responsibilities Notice

Each time the eligibility notice is provided, employers must provide a written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. The DOL has provided a sample rights and responsibilities notice for employers to use. This notice is often combined with the eligibility notice.

If the information provided by the rights and responsibilities notice changes, the employer must notify the employee of the change.

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