Employer responsibilities under the FMLA

Employers covered under the Family and Medical Leave Act (FMLA) must follow federal policies.

Which employers are covered by FMLA?

Use the FMLA advisor to determine if your company, nonprofit, school, or agency is covered by the FMLA.

Required benefits under the FMLA

If you approve an employee for FMLA leave, you must:

Protect your employee's job while on FMLA leave

Maintain their access to group health benefits

Not retaliate or discriminate against an employee for taking FMLA leave

The Employer’s Guide to the Family and Medical Leave Act covers what responsibilities employers are required to fulfill under the law. It also provides details about each step of the FMLA process, from the time an employee requests leave to when they return to work.

FMLA forms

Some companies and organizations may require employees to verify their reasons for taking leave. The U.S. Department of Labor provides employers with FMLA certification forms that employees can submit to verify health-related issues or military service. However, these certification forms are optional, and employers may choose to create their own.

Required notification under the FMLA

Posters

If your establishment is covered, you must post an FMLA poster that all employees and applicants can see. Download the Department of Labor’s FMLA poster to print or post electronically.

Notice in employee handbooks

If any employees are eligible for the FMLA, you must include an overview of the FMLA in an employee handbook or as a handout. This document must include the same information as the poster. The notice can be distributed electronically.

Eligibility notice

The first time an employee requests leave under the FMLA, you must give them a notice of eligibility, either orally or in writing. The notice must:

Be given five days from the date of the leave request

Inform them whether or not they are eligible for the FMLA

Include at least one reason why they do not qualify for leave, if they are not eligible for the FMLA

Rights and responsibilities notice

If you give a worker an eligibility notice, you must also give them a rights and responsibilities notice. Provide this notice in writing. It can be an electronic copy.

Complete the Department of Labor's Form WH-381 to meet this Rights and Responsibilities Notice requirement.

Get more FMLA information

The Wage and Hour Division (WHD) enforces the Family and Medical Leave Act. Contact WHD with questions about the FMLA.

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