Does the Employer Have To Provide an Individualized Notice of Rights To Each Employee Who Requests FMLA Leave?
Generally, yes. In addition to the notices that must be provided generally to employees, an employer must provide an employee who requests FMLA leave with an individualized notice of employee rights. §825.301(b). A notice consistent with the current prototype form prepared by the DOL. Variations can be made in that form, as long as the same information is provided. In addition, if an employer were not to rely on the “key employee” standards for limiting certain employees’ leave rights, that portion of the notice need not be included. 11. Does the Employer Have To Furnish an Individualized Notice of Rights Each Time an Eligible Employee Requests FMLA Leave? Generally, yes. An employer is generally required to reissue an individualized notice of rights upon each commencement of FMLA leave. However, the notice of rights need not be reissued if it was given to the employee less than six months earlier, unless the information provided to the employee has changed since the earlier notice. §8
Related Questions
- How soon after an employee provides notice of the need for leave must an employer determine whether someone is eligible for FMLA leave?
- Does the Employer Have To Provide an Individualized Notice of Rights To Each Employee Who Requests FMLA Leave?
- Is Employer Obligated to Pay for Two Weeks after Notice if Employer Requests Employee Leave Now?
