Employer Eligibility Notice - Requirements

When an employee requests FMLA leave, or when the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee's eligibility to take FMLA leave within five business days, absent extenuating circumstances. This eligibility notice must state:

• Whether the employee is eligible for FMLA leave; or
• If the employee is not eligible, at least one reason why the employee is not eligible.

The eligibility notice may be oral or in writing. It must be provided at the first request for or instance of leave for each FMLA-qualifying reason in the applicable 12-month period. Additional eligibility notice is required in the same 12-month period only if the employee requests leave for a different FMLA-qualifying reason and the employee's eligibility status has changed.

Employers may use optional form WH-381 to provide employees eligibility notice.

Continue to Employer Rights and Responsibilities Notice Requirements or Return to Employer Rights and Responsibilities Menu.

For more information on this aspect of the FMLA, see the FMLA regulations: § 825.300(b)