FMLA Rights & Responsibilities Notice for Employers
A practical employer guide to the FMLA Rights & Responsibilities Notice, including what it explains, when it is provided, how it connects to Form WH-381, and common mistakes employers should avoid.
FMLA Rights & Responsibilities Notice Quick Facts
Use this section as a quick employer reference before reviewing the full notice process.
What Is the FMLA Rights & Responsibilities Notice?
The Rights & Responsibilities Notice explains what the employee is expected to do while the employer reviews and administers the FMLA request.
What the Notice Explains
This notice gives the employee important instructions about the FMLA process, including what information may be required, when documentation is due, and what responsibilities continue during leave.
- Medical certification requirements
- Employee reporting obligations
- Benefit premium payment expectations
- Substitution of paid leave rules
Why Employers Should Document It
Employers should keep proof that the notice was provided because it explains the employee’s obligations and the consequences of failing to meet them.
- Date notice was sent
- Delivery method
- Certification due date
- Premium payment instructions
What Should the Rights & Responsibilities Notice Include?
The notice should clearly explain the employee’s expectations during the FMLA process.
Certification Requirements
If certification is required, the notice should explain what type of certification is needed and when it is due.
- Medical certification request
- Certification deadline
- Incomplete information follow-up
- Consequences of missing deadlines
Benefit Premium Obligations
Employees should understand how benefit premiums will be handled during unpaid FMLA leave.
- Employee premium amount
- Payment method
- Payment due dates
- Consequences of nonpayment
Paid Leave & Call-In Rules
The notice should explain whether paid leave will be substituted and whether normal call-in procedures still apply.
- PTO substitution rules
- Call-in expectations
- Status update requirements
- Return-to-work communication
FLARE™ Insight
Many employers send the Eligibility Notice but fail to clearly explain the employee’s responsibilities. That creates problems later when certification is late, benefit premiums are missed, or employees do not understand reporting expectations. The Rights & Responsibilities Notice turns the FMLA process from a vague approval conversation into a documented workflow.
Common Rights & Responsibilities Notice Mistakes
These are the notice-related issues employers should review in their FMLA process.
Not Explaining Certification Deadlines
Employees should know whether certification is required, what form is needed, and when it must be returned.
Skipping Premium Payment Instructions
If the leave may be unpaid, employees should understand how benefit premium payments will be handled.
Using Vague Language
Generic leave language can create confusion. Employees need clear instructions tied to the specific leave request.
No Proof of Delivery
Employers should document when the notice was sent, who received it, and how it was delivered.
Not Coordinating With Payroll
Payroll and benefits teams should understand how unpaid leave, premium payments, and paid leave substitution will be handled.
Forgetting Return-to-Work Expectations
When applicable, employees should understand what is required before returning to work.
Rights & Responsibilities Notice Tracking Table
Use this table as a practical checklist for documenting employee obligations during FMLA.
| Notice Item | What It Explains | Why It Matters | Documentation to Keep |
|---|---|---|---|
| Certification Requirement | Whether the employee must return medical or other supporting certification. | Helps the employer determine whether the leave reason qualifies. | Certification request, deadline, form sent, delivery record. |
| Benefit Premiums | How employee benefit premium payments must be handled during unpaid leave. | Reduces confusion over missed premiums and benefit continuation. | Premium instructions, amount due, due dates, payment records. |
| Paid Leave Substitution | Whether PTO, sick leave, or other paid leave will be used during FMLA. | Helps payroll process leave correctly. | Policy language, payroll coding, employee communication. |
| Call-In Procedures | Whether normal attendance or reporting procedures still apply. | Helps prevent confusion about communication expectations. | Call-in policy, notice copy, manager notes. |
| Failure to Comply | What may happen if the employee does not provide required information. | Supports consistent follow-up and defensible administration. | Notice copy, follow-up letters, missed deadline documentation. |
Related FMLA Notice Resources
The Rights & Responsibilities Notice works together with eligibility, certification, designation, and return-to-work communications.
FMLA Eligibility Notice
Explains whether the employee appears eligible for FMLA leave or why they are not eligible.
View Eligibility Notice →Medical Certification Request
Used when documentation is needed to support the employee’s FMLA leave reason.
View Medical Certification →FMLA Designation Notice
Confirms whether leave is approved, denied, or pending additional information.
View Designation Notice →FMLA Rights & Responsibilities Notice FAQs
Common employer questions about the Rights & Responsibilities Notice and WH-381.
Is the Rights & Responsibilities Notice required?
Yes. Covered employers must provide employees with notice of the specific expectations and obligations associated with the FMLA leave request when FMLA may apply.
Is the Rights & Responsibilities Notice the same as the Eligibility Notice?
No. They are separate notices, but they are commonly combined on DOL Form WH-381. The Eligibility Notice addresses whether the employee appears eligible. The Rights & Responsibilities Notice explains the employee’s obligations during the leave process.
What form is used for the Rights & Responsibilities Notice?
Employers commonly use DOL Form WH-381, which combines the Eligibility Notice and Rights & Responsibilities Notice.
What happens if the employee does not return certification?
If certification is required and the employee does not provide it, the employer may need to follow up in writing and explain what information is missing or what consequences may apply.
Should premium payment instructions be included?
Yes. If the employee may be responsible for benefit premium payments during unpaid leave, the notice should explain the amount, due date, payment method, and consequences of nonpayment.
Should employers keep a copy of the notice?
Yes. Employers should keep the notice copy, delivery record, date sent, certification deadline, and any related follow-up communication in the leave file.
Need Help Reviewing Your FMLA Notice Process?
Fralick’s Benefit Consulting helps employers review WH-381 workflows, certification instructions, benefit premium communication, documentation practices, and leave administration gaps through the FLARE™ Discovery process.