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FMLA General Notice — Employee Rights Under the FMLA

DOL notice of FMLA rights. Required for employers with 50+ employees and all public agencies — post in the workplace and include in the handbook or new-hire materials.

Companies Eligible

Private employers with 50+ employees in 20 or more workweeks this year or last; all public agencies and schools.

The poster is required even before any employee is eligible for leave. An employee becomes eligible after 12 months of service, 1,250 hours in the prior 12 months, and 50 employees within 75 miles of the worksite. Clients under 50 are not covered by FMLA but may have a state leave law — see the State Paid Leave article.

What it is

The DOL poster (WH-1420) explains leave entitlements, that group health coverage continues during FMLA leave on the same terms as active employment, how to request leave, and how to file a complaint. For benefits, the key point is continuation: COBRA is not triggered by FMLA leave, only by the employee not returning at the end of it.

What needs to be done

  • When: Posted at all times. If the client has any eligible employees, also give it to new hires — in the handbook or at hire.
  • To whom: All employees and applicants (the poster); new hires (the handbook copy).
  • Who performs: HR. AAB supplies the current version for handbooks and OE packets.
  • Customize: None. Use the current DOL version and check the revision date on the poster.
  • Deliver: Post in a conspicuous place at every worksite. Electronic posting counts only for employees who work remotely and customarily get information electronically.
  • Keep: Posting locations and date; the handbook version in use.

The eligibility notice, rights-and-responsibilities notice and designation notice (WH-381, WH-382) are event-triggered, due within 5 business days of a leave request. They are HR forms, not part of the benefits packet.

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