Employer Compliance

Resources and checklists for HR professionals managing FMLA leave

Is Your Organization Covered?

FMLA applies to: private employers with 50+ employees within 75 miles for 20+ weeks in the current or preceding year, all public agencies (regardless of size), and all public/private elementary and secondary schools. If covered, employees are eligible after 12 months of employment and 1,250 hours worked.

Required Notices

These notices are legally required for all covered employers. Failure to provide them may result in penalties and prevent FMLA leave from running.

FMLA Poster (WHD-1420)

Display in break rooms, near time clocks, or any area where labor law posters are posted. Available in English and Spanish. Electronic posting may be acceptable for remote workers.

Required

Must be displayed in a conspicuous place where employees and applicants can see it.

PDF

General Notice in Employee Handbook

Must include: eligibility requirements, leave entitlements, job restoration rights, how to request leave, and medical certification requirements. Update annually.

Required

If you have an employee handbook, it must include information about FMLA rights and responsibilities.

Eligibility Notice (WH-381)

This is a two-part form. Part A is the Eligibility Notice; Part B is the Rights & Responsibilities Notice. Both must be provided together. If employee is not eligible, you must still provide this notice explaining why.

Required

Must be provided within 5 business days of learning an employee needs FMLA leave.

PDF

Rights and Responsibilities Notice (WH-381)

Specifies whether medical certification is required, whether paid leave will be substituted, fitness-for-duty requirements, and other employer-specific policies that apply to the leave.

Required

Must be provided with the eligibility notice, outlining expectations for leave.

PDF

Designation Notice (WH-382)

This is your official determination. Indicates whether leave is approved as FMLA-qualifying, how much leave will be counted, and whether any additional information is needed. Failure to provide this notice may result in FMLA leave not running concurrently.

Required

Must be provided within 5 business days of having enough information to determine if leave qualifies.

PDF

Certification Forms

These optional-use DOL forms help verify the medical necessity of leave. You may use your own forms if they request only the same information.

Employee's Own Condition (WH-380-E)

Employee has 15 calendar days to return. If certification is incomplete, you must give 7 days to cure deficiencies. You may NOT contact the healthcare provider directly; HR representative may authenticate.

For leave due to the employee's own serious health condition.

PDF

Family Member's Condition (WH-380-F)

Covered family members: spouse, child (under 18 or incapable of self-care), or parent. Does NOT include in-laws or grandparents. Certification requirements same as WH-380-E.

For leave to care for a family member with a serious health condition.

PDF

Military Family Leave (WH-384)

Qualifying exigencies include: short-notice deployment, military events, childcare, financial arrangements, counseling, rest and recuperation, and post-deployment activities. 12 weeks per 12-month period.

For qualifying exigency leave related to a family member's military service.

PDF

Military Caregiver Leave (WH-385)

Up to 26 workweeks in a single 12-month period. Available for current servicemembers and veterans discharged within 5 years. Covers spouses, children, parents, and next of kin.

For leave to care for a covered servicemember with a serious injury or illness.

PDF

Best Practices for FMLA Administration

Following these guidelines will help reduce legal liability and ensure fair treatment of employees.

Respond Promptly

Provide eligibility and rights notices within 5 business days of a leave request.

Document Everything

Keep records of all FMLA requests, certifications, and communications for at least 3 years.

Train Your Managers

Supervisors should know how to recognize FMLA-qualifying situations and forward requests to HR.

Avoid Retaliation

Never count FMLA absences against employees in performance reviews or attendance policies.

Communicate Clearly

Use written communication for all official notices and keep copies of everything.

Apply Consistently

Apply the same FMLA policies to all employees to avoid discrimination claims.

Important Notice

This information is for general guidance only and does not constitute legal advice. FMLA regulations are complex and fact-specific. Consult with an employment attorney or the Department of Labor for specific situations.

Official Resources

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