FMLA Notice Types

3/5/2026

FMLA Notices Requirements

The FMLA rules require that employers give employees five written notices: a posted notice, a general notice, an eligibility notice, a rights and responsibilities notice, and a designation notice. Posted Notice The posted notice must be posted in a prominent location at all worksites, even if there are no FMLA-eligible employees at that worksite. The poster must be displayed in plain view where all employees and applicants can readily see it and must have text large enough so it can be easily read. The posted notice helps inform the employees that the organization is subject to the FMLA, and that the employees have certain rights. General Notice The general notice that gives general information about FMLA rights and responsibilities must be provided to employees.  This information is normally contained in an employee handbook and distributed to all employees, either in hard copy or online. This is a foundational task for any HR Generalist. For employers without an employee handbook, this requirement can be satisfied by providing a copy of the DOL's Posted Notice to each new employee upon hiring.  Eligibility Notice The eligibility notice is a notice that must be provided to an employee when he or she requests FMLA leave or when the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason.  Absent extenuating circumstances, this notice must be provided within 5 business days. This timeline is a strict requirement for human resources compliance. The eligibility notice must state whether the employee is eligible for FMLA leave, and if not eligible, the notice must state at least one reason for not being eligible (e.g., not employed enough months, not enough hours worked, employed at an exempt small worksite, etc.).   Rights and Responsibilities Notice The rights and responsibilities notice provides written notice of the specific expectations and obligations of the employee and the consequences of failing to meet those requirements.  It must be provided each time an eligibility notice is required. This notice provides very specific information related to the employee's unique FMLA leave, which may also intersect with disability leave management or ADA requirements. The Eligibility Notice and Rights and Responsibilities Notice may be combined in a single notice or may be provided separately. Designation Notice After receiving all of the necessary information, the employer is also responsible for designating leave as FMLA-qualifying leave and giving notice to the employee of such designation. In cases involving health insurance, employers must also consider COBRA and HIPAA privacy rules regarding medical data. Make sure you understand the FMLA rules and your compliance requirements by taking our FMLA training courses.