FMLA Required Notices for Employers
A practical employer guide to FMLA notice requirements, including the FMLA poster, eligibility notice, rights and responsibilities notice, medical certification communication, designation notice, and return-to-work documentation.
What FMLA Notices Must Employers Provide?
FMLA administration requires more than approving leave. Employers must provide required notices, explain employee responsibilities, request supporting documentation when appropriate, and confirm whether leave is designated as FMLA-protected.
FMLA Poster / General Notice
Covered employers must display the FMLA general notice explaining employee rights and responsibilities under the law.
- Required for covered employers
- Must be displayed in a conspicuous location
- Should also be included in handbooks when applicable
- Remote or electronic posting practices should be reviewed
Eligibility Notice
When an employee requests leave that may qualify for FMLA, the employer must notify the employee whether they are eligible.
- Generally due within 5 business days
- Explains whether the employee appears eligible
- If not eligible, employer should identify at least one reason
- May be provided using DOL Form WH-381
Rights & Responsibilities Notice
This notice explains what the employee must do during the FMLA process and what may happen if required information is not provided.
- Often provided with the Eligibility Notice
- Explains certification requirements
- Explains benefit premium obligations
- Explains substitution of paid leave when applicable
Medical Certification Request
Employers may request certification when leave is requested for a serious health condition or other qualifying FMLA reason.
- Employee’s serious health condition: WH-380-E
- Family member’s serious health condition: WH-380-F
- Military exigency: WH-384
- Military caregiver leave: WH-385 or WH-385-V
Designation Notice
Once the employer has enough information to determine whether leave qualifies, the employer must notify the employee whether leave is designated as FMLA leave.
- Generally due within 5 business days after enough information is available
- States whether leave is approved, denied, or pending more information
- Identifies leave counted against FMLA entitlement when known
- May be provided using DOL Form WH-382
Fitness-for-Duty Notice
If an employer requires a fitness-for-duty certification before return to work, that requirement should be communicated in the designation notice.
- Use when job restoration depends on fitness-for-duty certification
- Essential job functions should be included when required
- Coordinate with ADA accommodation review when restrictions exist
- Document return-to-work communications
FMLA Notice Timeline
A strong FMLA process tracks each notice from first request through designation and return to work.
Leave Request
Employer learns the absence may qualify for FMLA protection.
Eligibility Review
Employer checks service, hours, worksite, and coverage requirements.
WH-381 Notice
Employer provides eligibility and rights and responsibilities information.
Certification Review
Employer requests, receives, and reviews supporting documentation when needed.
WH-382 Designation
Employer confirms whether the leave is designated and counted as FMLA leave.
FMLA Notice Tracking Table
Use this framework to track each FMLA notice, when it is sent, and what the employer should document.
| Notice | Form / Resource | When Provided | Purpose | Employer Documentation |
|---|---|---|---|---|
| FMLA General Notice / Poster | DOL FMLA Poster | Ongoing workplace posting | Informs employees of FMLA rights and employer responsibilities. | Posting location, handbook inclusion, electronic posting method, review date. |
| Eligibility Notice | WH-381 | Generally within 5 business days after the employee requests leave or employer learns leave may qualify. | Tells the employee whether they appear eligible for FMLA leave. | Date sent, eligibility determination, reason for ineligibility if applicable. |
| Rights & Responsibilities Notice | WH-381 | Usually sent with the Eligibility Notice. | Explains certification requirements, benefit obligations, paid leave substitution, and employee responsibilities. | Notice copy, delivery method, certification deadline, premium payment instructions. |
| Medical Certification Request | WH-380-E, WH-380-F, WH-384, WH-385, or WH-385-V | When certification is needed to support the FMLA request. | Allows the employer to determine whether the leave reason qualifies. | Form requested, due date, date received, incomplete or insufficient follow-up. |
| Designation Notice | WH-382 | Generally within 5 business days after the employer has enough information to determine whether leave qualifies. | Confirms whether leave is approved, denied, or pending additional information. | Designation decision, amount of leave counted, denial reason, missing information request. |
| Fitness-for-Duty Requirement | Often included in WH-382 / employer return-to-work communication | Communicated before return when employer requires certification for restoration. | Clarifies return-to-work requirements and whether essential job functions must be addressed. | Requirement communicated, essential job functions provided, return date, restrictions review. |
Common FMLA Notice Mistakes
Many FMLA issues begin with communication gaps. These are the notice-related problems employers should audit.
Waiting Too Long to Send WH-381
Delays in eligibility and rights communication can create confusion over employee obligations and employer expectations.
Not Explaining Premium Payments
Employees should understand how benefit premiums will be handled during unpaid FMLA leave.
Missing Designation Decisions
If leave is not clearly designated, employers may struggle to track FMLA entitlement and defend leave decisions.
Weak Certification Follow-Up
Incomplete or insufficient certifications should be addressed in writing with clear information about what is needed.
No Proof of Delivery
Employers should maintain documentation showing when notices were sent and how they were delivered.
No Return-to-Work Notice Process
Fitness-for-duty requirements and essential job function expectations should be communicated clearly when applicable.
How FLARE™ Helps Employers Strengthen FMLA Notices
FLARE™ helps employers review whether their FMLA notice process is timely, consistent, documented, and connected to benefits and payroll workflows.
Find Notice Gaps
Identify missing notices, unclear ownership, late communication, and inconsistent employee documentation.
Benchmark the Current Process
Compare your FMLA notice workflow against expected timing, documentation, and communication practices.
Optimize Templates & Tracking
Build repeatable templates, tracking logs, due date controls, and documentation standards.
Need Help Reviewing Your FMLA Notice Process?
Fralick’s Benefit Consulting helps employers review FMLA notices, certification workflows, designation practices, benefit premium communication, and return-to-work documentation.