What Your Employer Must Tell You About Job-Protected Leave

If you’re considering taking time off for a family or medical issue under the Family and Medical Leave Act (FMLA), your employer isn’t allowed to keep you guessing. By law, they must give you clear, written information about your rights under the FMLA.

Here’s a breakdown of what your employer must tell you, when they have to do it, and what happens if they fail to comply.

Understanding the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job-protected leave each year for specific family and medical reasons. These may include:

• The birth or adoption of a child
• Caring for a spouse, child, or parent with a serious health condition
• Managing your own serious health condition
• Addressing certain military-related needs involving a close family member

If you're eligible, your employer must continue your health insurance during your leave and restore you to the same—or an equivalent—position when you return to work.

To qualify for FMLA leave, you must:

• Have worked for your employer for at least 12 months
• Have logged at least 1,250 work hours in the past 12 months
• Work at a location where at least 50 employees are employed within a 75-mile radius

Private-sector businesses with 50 or more employees, public agencies, and public or private elementary and secondary schools are covered employers.

What Your Employer Legally Has to Tell You About FMLA Leave

If you're considering taking time off under the Family and Medical Leave Act (FMLA), your employer has a legal obligation to keep you informed—clearly, accurately, and in writing. They can’t just leave you guessing. Federal law requires employers to provide specific notices at each step of the process. Here's a breakdown of what they must give you and when:

The General Notice

Every FMLA-covered employer must display a poster outlining the basics of your FMLA rights. You’ll usually find it in a break room, HR office, or another common area.

If your workplace includes employees who don’t speak or understand English well, or have visual or other impairments, the notice must be accessible in a way they can understand.

This information must be included if your employer has an employee handbook or written leave policies. If not, you should receive the general notice when you’re hired.

The Eligibility Notice

When you first request leave for a reason that might qualify under the FMLA, your employer has five business days to let you know if you're eligible. This can be in writing or verbally.

If you’re not eligible, they must explain why—for example, you haven’t worked long enough or don’t meet the 1,250-hour requirement.

If you are eligible, your employer doesn’t need to provide another eligibility notice for the same reason within the same 12-month leave period—unless your eligibility status changes.

The Rights and Responsibilities Notice

Once you’re found eligible, your employer must also provide a written explanation of your rights and responsibilities under the FMLA. This includes:

• A statement that the leave may count against your FMLA entitlement
• A list of any documentation they need from you (like a medical certification)
• Whether you’ll need to use paid leave at the same time as FMLA leave
• How your health insurance will be handled while you're out
• Whether you're classified as a “key employee” (i.e., one of the top 10% highest-paid employees within 75 miles)
• What could happen if you don’t follow the rules

They can send this electronically, but it must still meet all legal standards. If anything changes—like a shift from paid to unpaid leave—they must update the notice within five business days of your next leave request.

The Designation Notice

After your employer has reviewed your documentation and determined your leave qualifies under the FMLA, they must confirm this in writing within five business days. This document will:

• Officially designate your leave as FMLA-protected
• Explain whether paid leave will run concurrently
• Let you know if you’ll need a return-to-work (fitness-for-duty) note
• Outline how much of your FMLA leave is being used (if known)

If your leave doesn’t qualify, they must tell you that, too, in writing. If your schedule or the reason for leave changes, they’re required to update the designation notice accordingly.

What Happens If Your Employer Fails to Follow FMLA Notice Rules?

If your employer doesn’t meet their obligations under the FMLA, it’s more than just a paperwork mistake, it could violate federal law.

Failing to provide proper FMLA notices may be considered interference with your rights. And that can lead to serious consequences for the employer, including:

• Back pay for lost wages and benefits
• Liquidated damages, which double the amount of financial harm you experienced
• Reinstatement to your former position (or an equivalent one)
• Other forms of court-ordered relief

Even something as basic as not posting the official FMLA poster can trigger civil penalties.

Language and Accessibility Requirements

Employers must communicate FMLA rights in a way that employees can understand. If a significant portion of the workforce isn’t fluent in English, or if you have a visual or other impairment, the employer is required to provide accessible versions of all notices. Translation or accommodation isn’t optional.

State Laws May Offer More Protection

While the FMLA provides a national baseline, some states go further. Depending on where you live, state laws might offer:

• More weeks of leave
• Paid leave options
• Broader eligibility standards

The stronger law always applies, so you’re entitled to whichever rule protects you the most.

You’re Protected from Retaliation

Your employer can’t punish you for requesting FMLA leave, using it, or even just inquiring about your rights. That includes:

• Demotions or terminations
• Cutting your hours or pay
• Harassment or intimidation

If they do retaliate, you may be able to file a complaint with the Wage and Hour Division or take legal action with the help of a labor and employment lawyer.

Disclaimer: This information is based on fact sheets that the Department of Labor provides.

Get a Free Case Evaluation

If your employer isn’t following the rules or you believe your FMLA rights have been violated, the labor and employment attorneys at Morgan & Morgan may be able to help. Contact us today for a free and confidential case review.