How often does an employer need to provide notice to employees about their Family and Medical Leave Act (FMLA) rights?

Author: Demetrius O. Holloway, Stites & Harbison

The FMLA's general notice requirement is ongoing. Regardless of whether a covered employer's employees are FMLA-eligible, the employer must post the notice for employees and applicants to see and must also provide eligible employees with the notice, whether through the employee handbook or other materials provided to employees.

Absent extenuating circumstances, an employer is required to provide an employee with notice of their FMLA rights and responsibilities within five business days of an employee's request for FMLA leave, or when the employer becomes knowledgeable that an employee's leave may be for an FMLA-qualifying reason.