{"id":357734,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/family-medical-leave\/fmla-notice-requirements-employer.html"},"modified":"2023-12-05T13:09:07","modified_gmt":"2023-12-05T18:09:07","slug":"fmla-notice-requirements-employer","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/family-medical-leave\/fmla-notice-requirements-employer.html","title":{"rendered":"FMLA Notice Requirements – Employer"},"content":{"rendered":"\n
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FMLA Notice Requirements – Employer<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’re an employer, you know that your employees may need time off. The Family and Medical Leave Act (FMLA)<\/a> allows employees to take up to 12 weeks of unpaid leave within a 12-month period. This leave can be used for various purposes, such as for the birth and care of a newborn child, the placement with the employee of an adopted or foster child, or the employee’s own serious health condition or the serious health condition of a family member.<\/a><\/p>\r\n

While the FMLA grants rights to eligible employees<\/a>, it also places important responsibilities on employers. As an employer, you must provide several kinds of notice to employees concerning their rights and obligations under the FMLA<\/a>. These employer notice requirements ensure that employees can effectively exercise their FMLA rights. Understanding these notice requirements is vital for employers who want to comply with the law.<\/p>\r\n

Request for Leave<\/h2>\r\n

FMLA leave generally starts with an employee’s request for time off. The leave request can be verbal or written. Employees should provide 30 days advance notice of the need for such leave and include the amount of leave needed. However, the law recognizes that advance notice is not always possible because of the nature of medical emergencies.<\/p>\r\n

The employee does not have to mention the federal law when making the request. Recognizing FMLA leave entitlement is the employer’s responsibility. Your employee simply has to provide you with enough information to put you on notice of the need for time off. You will then determine if the work absence is FMLA leave.<\/p>\r\n

As a result, employee notice requirements under the FMLA can have a subtle aspect, posing a challenge for employers. For example, a worker with several absences because of chronic illness or an ailment such as back pain can qualify for leave under federal law. In such an instance, if you fail to advise the employee that they can take FMLA leave for the medical condition, you could face liability. FMLA leave can be intermittent leave, meaning it can be taken in short breaks of time.<\/span><\/p>\r\n

Employers must reinstate employees to their jobs once the leave has ended. Employers must give workers the same job or its equivalent with the same pay and benefits, including health insurance.<\/p>\r\n

General Notice<\/h2>\r\n

Like other federal employment laws, the FMLA says covered employers must post a notice<\/a>. The notice explains the FMLA and instructs employees on how to file a claim if they believe their rights have been violated. The notice must also contain the following:<\/p>\r\n