825.301 - What other notices to employees are required of employers
under the FMLA?
- Standard Number: 825.301
- Standard Title: What other notices to employees are required
of employers under the FMLA?
- SubPart Number: C
- SubPart Title: How Do Employees Learn of Their FMLA Rights and
Obligations, and What Can an Employer Require of an Employee?
(a) If an employer has any written guidance to employees concerning
employee benefits or leave rights, such as in an employee handbook, information
concerning FMLA entitlements and employee obligations under the FMLA must
be included in the handbook or other document. For example, if an employer
provides an employee handbook to all employees that describes the employer's
policies regarding leave, wages, attendance, and similar matters, the handbook
must incorporate information on FMLA rights and responsibilities and the
employer's policies regarding the FMLA. Informational publications describing
the Act's provisions are available from local offices of the Wage and Hour
Division and may be incorporated in such employer handbooks or written
policies.
(b) If an employer does not have written policies, manuals, or handbooks
describing employee benefits and leave provisions, the employer shall provide
written guidance to an employee concerning all the employee's rights and
obligations under the FMLA whenever an employee requests leave under the
FMLA. Employers may duplicate and provide the employee a copy of the FMLA
Fact Sheet available from the nearest office of the Wage and Hour Division
to provide such guidance.
(c) In addition, when an employee provides notice of the need for
FMLA leave, the employer shall provide the employee with notice detailing
the specific expectations and obligations of the employee and explaining
any consequences of a failure to meet these obligations. Such specific
notice should include, as appropriate:
(1) That the leave will be counted against their annual FMLA leave
entitlement;
(2) Any requirements for the employee to furnish medical certification
of a serious health condition and the consequences of failing to do so
(see 825.305);
(3) The employee's right to substitute paid leave and whether the
employer will require the substitution of paid leave, and the conditions
related to any substitution;
(4) Any requirement for the employee to make any premium payments
to maintain health benefits and the arrangements for making such payments
(see 825.210);
(5) Any requirement for the employee to present a fitness-for-duty
certificate to be restored to employment (see 825.309);
(6) Their status as a ``key employee'' and the potential consequence
that restoration may be denied following FMLA leave, explaining the conditions
required for such denial (see 825.218);
(7) The employee's right to restoration to the same or an equivalent
job upon return from leave (see 825.214 and 825.604); and,
(8) The employee's potential liability for payment of health insurance
premiums paid by the employer during the employee's unpaid FMLA leave if
the employee fails to return to work after taking FMLA leave (see 825.213).
This specific notice may include other information_e.g., whether
the employer will require periodic reports of the employee's status and
intent to return to work, or will require any recertification relating
to a serious health condition_but is not required to do so. A prototype
notice is available from local offices of the Department of Labor's Wage
and Hour Division, which employers may adapt for their optional use to
meet these specific notice requirements.
(d) Employers are also expected to responsively answer questions
from employees concerning their rights and responsibilities under the FMLA.