What are an employer’s posting and general notice requirements?
Under the current and proposed regulations, an employer must post a notice explaining the FMLA’s provisions and providing information regarding procedures for filing a claim under the Act. Additionally, under both the current and proposed regulations, an employer must include information regarding an employee’s rights and responsibilities under FMLA in any employee handbook or other written policies or manuals describing employee benefits and leave provisions. Under the current regulations, an employer who does not have a handbook or other written guidance must provide this required general notice to an employee within one or two business days of a request for leave every six months but only if the employee takes FMLA leave during that six-month period. Under the proposed regulations, an employer without a handbook or written guidance will be required to provide general notice to all employees at least once a year, even where there has not been a specific request for leave.