What are the ramifications of an employer's failure to post the required Family and Medical Leave Act (FMLA) notice?

Author: Demetrius O. Holloway, Stites & Harbison

Failure to post the required FMLA notice can lead to a civil penalty of up to $110 for each separate posting failure. In addition, failure to follow the general notice requirement may be considered interference with an employee's right to take FMLA leave. If an employer interferes with an employee's leave rights, the employer may be required to:

  • Pay for an employee's actual monetary losses as a direct result of the FMLA violation;
  • Reinstate the employee;
  • Promote the employee; or
  • Provide any other relief appropriate and tailored to the situation.

Lastly, failing to provide this notice can preclude an employer from using certain defenses to an FMLA claim (e.g., employee failed to give proper notice of the need for FMLA leave).