FMLA Designation Notice for Employers
A practical employer guide to the FMLA Designation Notice, including when it must be provided, what Form WH-382 communicates, how leave is counted, and common employer mistakes to avoid.
FMLA Designation Notice Quick Facts
Use this section as a quick employer reference before reviewing the full Designation Notice process.
What Is the FMLA Designation Notice?
The FMLA Designation Notice tells the employee whether the leave request is approved as FMLA leave, denied, or pending additional information.
What the Notice Does
The Designation Notice is the employer’s formal communication that identifies how the leave will be treated under FMLA. It also helps the employer track how much leave is counted against the employee’s FMLA entitlement.
- Confirms whether leave is approved as FMLA
- States whether leave is denied
- Identifies leave counted against FMLA entitlement
- Communicates missing or insufficient information when applicable
What the Notice Does Not Do
The Designation Notice should not be sent before the employer has enough information to determine whether the leave qualifies. It also does not replace the need for eligibility review, certification follow-up, or benefits communication.
- It does not replace the Eligibility Notice
- It does not replace certification review
- It does not eliminate tracking obligations
- It does not resolve ADA or state leave obligations by itself
When Should Employers Send the Designation Notice?
Employers send the Designation Notice after they have enough information to determine whether the leave qualifies as FMLA-protected leave.
Employee Requests Leave
The employer receives information that an absence may qualify for FMLA protection.
Eligibility & Rights Notice
The employer provides the Eligibility Notice and Rights & Responsibilities Notice, commonly using WH-381.
Certification Review
If certification is required, the employer reviews whether the information supports an FMLA-qualifying reason.
Designation Decision
The employer determines whether the leave is approved, denied, or pending additional information.
WH-382 Sent
The employer provides the Designation Notice to document how the leave will be treated.
Track Leave Usage
The employer tracks leave used, intermittent time, return-to-work steps, and related documentation.
What Should the FMLA Designation Notice Include?
Employers may use DOL Form WH-382 or their own notice as long as the required information is communicated.
Approval or Denial
The notice should clearly state whether the leave is approved as FMLA leave, denied, or pending additional information.
- Approved as FMLA leave
- Not approved as FMLA leave
- Reason for denial when applicable
- Additional information needed when applicable
Leave Counted Against FMLA
The notice should identify the amount of leave that will count against the employee’s FMLA entitlement when known.
- Continuous leave period
- Intermittent leave tracking
- Reduced schedule leave
- Amount counted when available
Incomplete or Insufficient Information
Employers may use the Designation Notice to explain that certification is incomplete or insufficient and additional information is needed.
- What information is missing
- What must be corrected
- Deadline to provide information
- Consequence if not corrected
FLARE™ Insight
The Designation Notice is where many FMLA processes either become clear or fall apart. If employers approve leave verbally, fail to document the amount of leave counted, or do not explain missing certification information, they may create confusion for HR, payroll, managers, and the employee. A strong designation process connects the leave decision to tracking, benefits, payroll, and return-to-work planning.
Common FMLA Designation Notice Mistakes
These are the issues employers should audit when reviewing their designation process.
Approving Leave Verbally
Verbal approval can create confusion. Employers should document whether leave is designated as FMLA-protected.
Not Counting Leave Clearly
If the amount of leave counted is not tracked, employers may struggle to determine remaining FMLA entitlement.
Sending It Too Early
Employers should not designate leave before they have enough information to determine whether the leave qualifies.
Weak Certification Follow-Up
If certification is incomplete or insufficient, the employer should clearly explain what additional information is needed.
No Fitness-for-Duty Language
If a fitness-for-duty certification will be required before return, that expectation should be communicated clearly when applicable.
No Internal Handoff
HR, payroll, benefits, managers, and vendors should understand what was designated and what happens next.
Designation Notice Tracking Table
Use this table as a practical checklist for documenting the FMLA designation decision.
| Item | Employer Review | Why It Matters | Documentation to Keep |
|---|---|---|---|
| Designation Decision | Is the leave approved, denied, or pending more information? | Confirms how the leave is being treated under FMLA. | WH-382, decision notes, certification review notes. |
| Leave Counted | How much leave is being counted against the employee’s FMLA entitlement? | Supports accurate entitlement tracking. | Leave calendar, time records, intermittent leave logs. |
| Incomplete Certification | Is additional information needed from the employee or provider? | Helps the employee understand what must be corrected. | Notice copy, missing information list, deadline. |
| Fitness-for-Duty Requirement | Will certification be required before the employee returns to work? | Helps avoid return-to-work confusion. | Designation notice, essential job functions, return instructions. |
| Delivery Record | When and how was the Designation Notice provided? | Creates proof that the employee received the decision. | Email record, mailing record, portal timestamp, leave file copy. |
Related FMLA Notice Resources
The Designation Notice is part of a larger FMLA notice workflow that begins with eligibility and continues through return to work.
FMLA Eligibility Notice
Explains whether the employee appears eligible for FMLA leave or why they are not eligible.
View Eligibility Notice →Rights & Responsibilities Notice
Explains employee obligations, certification requirements, benefit premium rules, and reporting expectations.
View Rights & Responsibilities →Fitness-for-Duty Notice
Explains return-to-work certification expectations when fitness-for-duty documentation is required.
View Fitness-for-Duty →FMLA Designation Notice FAQs
Common employer questions about the Designation Notice and WH-382.
Is the FMLA Designation Notice required?
Yes. Covered employers must notify the employee whether leave is designated as FMLA-protected after the employer has enough information to make that determination.
What form is used for the FMLA Designation Notice?
Employers commonly use DOL Form WH-382, the Designation Notice.
Is the Designation Notice the same as the Eligibility Notice?
No. The Eligibility Notice tells the employee whether they appear eligible for FMLA. The Designation Notice tells the employee whether the leave is approved, denied, or counted as FMLA leave.
Can the Designation Notice be used for incomplete certification?
Yes. Employers may use the Designation Notice to inform the employee that certification is incomplete or insufficient and that additional information is needed.
Should the Designation Notice explain how much leave is counted?
Yes, when known. The notice should tell the employee how much leave is being designated and counted against their FMLA entitlement.
Should employers keep a copy of the Designation Notice?
Yes. Employers should keep the notice, delivery record, decision notes, certification review, and any leave tracking records in the leave file.
Need Help Reviewing Your FMLA Designation Process?
Fralick’s Benefit Consulting helps employers review WH-382 workflows, designation decisions, certification follow-up, leave tracking, benefits coordination, and return-to-work documentation through the FLARE™ Discovery process.