When Must the Employer Notify an Employee for FMLA?

Communicating to employees about FMLA is critical!

Both employers and employees have rights and responsibilities concerning the Family Medical Leave Act. The Family Medical Leave Act was enacted in 1993 as a means of supporting employees needing family leave or who suffer from an illness themselves or have a close family member who is ill and needs assistance.

How FMLA Works

FMLA, if approved, guarantees that an employer will hold an employee's position for a 12 week period while the employee recovers or is assisting a family member in recovery. FMLA also covers family leave for a mother or father for the care of a newborn. The employer is not allowed to change the duties of the employee significantly during this leave period.

Employee Responsibility

The employee has some responsibilities when it comes to reporting an FMLA situation to his or her supervisor. As soon as the employee is aware of the situation, whether it is illness or pregnancy, he or she has a duty to inform his or her employer of that situation. The lack of communication by the employee can jeopardize the approval of FMLA.

Employer Responsibility

An employer must post a notice explaining FMLA leave where employees can read it, regardless of whether or not any employees are eligible. The employer has a duty to respond to an employee's FMLA request within five business days, unless there are extenuating circumstances.

References

• Department of Labor: FMLA