Employer Rights and Responsibilities -
Each time an eligibility notice is required, the employer must also provide written notice to the employee detailing the specific expectations and obligations of the employee and the consequences of failing to meet them. The rights and responsibilities notice must include, as appropriate:
The rights and responsibilities notice may include other information, such as any requirement for the employee to provide periodic reports on status and intent to return to work. The notice may be accompanied by any required certification form as well.
If the specific information provided by the notice changes with respect to a subsequent period of FMLA leave, the employer must, within five business days of receipt of the employee's request for leave subsequent to the change, provide written notice referencing the prior notice and providing any of the information in the notice that has changed. Additionally, employers are expected to answer questions from employees concerning their rights and responsibilities under the FMLA in a timely manner.
Employers may use optional form WH-381 to provide both eligibility and rights and responsibility notices.
Continue to Employer Designation Notice Requirements or Return to Employer Rights and Responsibilities Menu.
For more information on this aspect of the FMLA, see the FMLA regulations:
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