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May 01, 2011
FMLA Laws and ADA Laws: What are the Notice and Posting Requirements for Employers?

Are you and your supervisors aware of what employee notices are required under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA)? Do you have these posted in your workplace? Here are some guidelines:

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ADA requires that the employer must post notices containing provisions of the ADA, including the reasonable accommodation obligation, in conspicuous places on its premises. Such notices should be posted in employment offices and other places where applicants and employees can readily see them. Additionally, the reasonable accommodation obligation can also be included in job application forms, job vacancy notices, and employee handbooks, and may be communicated orally.

FMLA requires that covered employers post a notice to employees of their rights under the Act. This means each employer must post and keep posted this notice in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted. If a covered employer does not have an employee handbook or other written leave materials, the employer must provide the general notice to new employees upon being hired. If a covered employer has an employee handbook, it is required to develop a written FMLA policy and include it in the handbook.

The FMLA notices include:

  • Eligibility notice. Regulations published by DOL state that employers must notify employees of FMLA eligibility within 5 business days (absent extenuating circumstances) of the leave request. The eligibility notice must state whether the employee is eligible for FMLA leave. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible.
  • Notice of rights and responsibilities. Employers must provide employees with a written notice of rights and responsibilities under the FMLA.
  • Designation notice. Employers must also provide a designation notice, which notifies the employee whether the leave is paid or unpaid and whether it is FMLA-qualifying.

The notice of eligibility and rights and responsibilities may be given in a Form WH-381, approved by the U.S. DOL.

The above information comes from BLR’s presentation "Understanding the Interplay Between FMLA and ADA." For more information on all the training courses BLR has to offer, go to our Employee and Manager Training page.

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