December 08, 2022

FMLA – Forms Make Leave Accessible

The Family and Medical Leave Act (FMLA) requires covered employers to give employees who need related leave three notices: (1) Eligibility; (2) Rights & Responsibilities; and (3) Designation. One employer was recently reminded of these notice requirements to the tune of nearly $20,000 in payment to one employee.  After the employee requested FMLA leave, the employer failed to issue any of the three required notices.

The purpose of the notices is to give employees information about their eligibility for this job-protected leave, how they can access it, their obligations, as well as their rights.

Lessons Learned. If you are an FMLA covered employer, be sure you train your managers and supervisors to notify HR when an employee asks for time off from work for family or medical leave.  Whether you use the U.S. Department of Labor’s forms or your own, these notices must be issued to the employee within defined timeframes and generally within five (5) business days of certain events.  If HR does not know about the employee’s request, it is less likely the notice will go out timely.

FREE Resource. The DOL’s Fact Sheet #28D walks you through how and when each notice should be issued and provides free forms employers may use to satisfy these notice requirements.