As covered in the last installment of this article series on FMLA notice requirements, every employer covered by the Family and Medical Leave Act (FMLA) is required to post an FMLA general notice explaining the FMLA’s provisions and providing information regarding the procedures for filing complaints of FMLA violations to U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD). On top of posting the general notice, employers are also responsible for making available the following DOL forms and notices:
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Eligibility and rights and responsibilities notices (DOL Form WH-381)
This notice must be given to an employee within 5 days after he has requested leave or the employer has otherwise become aware of the need for leave. If an employee is eligible for leave, that must be stated. If he or she is ineligible for FMLA leave, the employer must give at least one reason for ineligibility.
The employer must also notify the employee in either the eligibility or designation notice of how much FMLA leave he or she has available. Only one eligibility notice is required per qualifying FMLA reason per leave year. On the other hand, a new eligibility notice should be issued whenever an employee requests leave for a new leave year or a different reason.