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FMLA - Employer Required to Post Notice about FMLA

Covered employers must take the following steps to provide information to employees about FMLA:

    • post a notice approved by the Secretary of Labor (WH Publication 1420) explaining rights and responsibilities under FMLA;
    • include information about employee rights and obligations under FMLA in employee handbooks or other written material, including Collective Bargaining Agreements (CBAs); or
    • if handbooks or other written material do not exist, provide general written guidance about employee rights and obligations under FMLA whenever an employee requests leave (a copy of Fact Sheet No. 28 will fulfill this requirement); and
    • provide a written notice designating the leave as FMLA leave and detailing specific expectations and obligations of an employee who is exercising his/her FMLA entitlements.

This employer notice should be provided to the employee within one or two business days after receiving the employee's notice of need for leave and include the following:

    • that the leave will be counted against the employee's annual FMLA leave entitlement
    • any requirements for the employee to furnish medical certification and the consequences of failing to do so
    • the employee's right to elect to use accrued paid leave for unpaid FMLA leave and whether the employer will require the use of paid leave, and the conditions related to using paid leave
    • any requirement for the employee to make co-premium payments for maintaining group health insurance and the arrangement for making such payments
    • any requirement to present a fitness-for-duty certification before being restored to his/her job
    • rights to job restoration upon return from leave
    • employee's potential liability for reimbursement of health insurance premiums paid by the employer during the leave if the employee fails to return to work after taking FMLA leave
    • whether the employee qualifies as a "key" employee and the circumstances under which the employee may not be restored to his or her job following leave.

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