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Richard J. Lambert was named by Best Lawyers® as a 2021 Corporate Law “Lawyer of the Year.”

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How can a business fulfill its FMLA notification requirements?

Many New Jersey employers fall under the Family and Medical Leave Act, which requires certain notification requirements to be met. Every covered employer has to display a general notice about the act and provide information to their employees regarding their rights. Schools, public agencies and most private employers with at least 50 employees must put up a FMLA poster and provide written materials or risk fines.

The poster must be visible to all workers that functions as a general notice regarding the FMLA, even if the employer is not covered by the act. Covered employers must perform additional tasks. Employers can meet the FMLA requirements by informing employees of their eligibility status and rights as well as responsibilities. Some leaves of absence are covered by the act and some are not, so employers must let their workers know what time off counts against FMLA leave. A general notice must also include how to file complaints about wages. All of the above information should also be distributed in writing to each employee.

There must also be a rights and responsibilities notice available in writing. This notice should cover the specifics of FMLA leave, such as what type of leave counts toward or against an employee’s FMLA leave period and the conditions for paid versus unpaid leave. The notice has to inform employers of the 12-month time period that is designated for leave. Any other rights in regards to leave, including job restoration and how to arrange payment of health benefits premiums while on leave, must be included.

Employers might use Form WH-381 and Form WH-382 as part of fulfilling their notification requirements. But even with proper notification, some businesses might receive complaints from employees. An attorney could assist a company in a resulting employment dispute and protect the client’s interests if the matter ends up in court.

Source: U.S. Department of Labor Wage and Hour Division, “Fact Sheet # 28D: Employer Notification Requirements Under the Family and Medical Leave Act“, October 07, 2014

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