Employer Responsibilities Under FMLA

2/3/2026

The Family and Medical Leave Act (FMLA) stands as a landmark piece of legislation, designed to help employees manage their health and family needs without risking their jobs. For employers, however, this federal law presents a complex web of duties and obligations. Understanding and fulfilling these responsibilities is not just good practice—it is a legal mandate. Failure to comply can lead to government investigations, costly litigation, and significant damage to an organization's reputation.

Navigating your duties under the FMLA requires a systematic and informed approach. From determining eligibility and providing timely notices to ensuring job restoration and maintaining health benefits, each step is governed by specific rules. This guide outlines the key employer responsibilities under the FMLA, serving as a roadmap for effective FMLA leave management and robust FMLA compliance. By mastering these duties, you can create a process that is fair, consistent, and legally sound.

Foundational FMLA Responsibilities: Coverage and Eligibility

Before you can administer FMLA leave, you must first determine if the law even applies to your organization and your employees. This initial assessment is the starting point for all FMLA compliance efforts.

Determining if You Are a "Covered Employer"

Your responsibilities under the FMLA begin with answering a fundamental question: are you a covered employer? The FMLA applies to:

• Private-Sector Employers: Any private business that has employed 50 or more employees for at least 20 workweeks in the current or preceding calendar year.
• Public Agencies: All federal, state, and local government agencies are covered, regardless of the number of employees.
• Schools: All public and private elementary and secondary schools are covered, irrespective of their employee count.

The 50-employee threshold for private employers is a common point of confusion. It's important to count everyone on the payroll, including part-time staff, employees on leave, and jointly employed workers (like those from a temp agency).

Identifying "Eligible Employees"

Once you establish that you are a covered employer, the next step is to determine which employees are eligible for FMLA protection. An employee must meet four specific criteria to be eligible:

1. Work for a covered employer.
2. Have been employed for at least 12 months. These months do not have to be consecutive. All periods of employment over the past seven years are generally counted.
3. Have worked at least 1,250 hours in the 12-month period immediately before the leave begins. This includes only actual hours worked, not paid time off like vacation or sick days.
4. Work at a location with 50 or more employees within a 75-mile radius.

Correctly assessing eligibility is a critical responsibility. An employer who denies leave to an eligible employee or grants it to an ineligible one can create significant legal and administrative problems. This assessment should be the first item on any FMLA employer checklist.

The Core Duty: FMLA Notice Requirements

Communication is arguably the most important employer responsibility under the FMLA. The law mandates a series of time-sensitive notices that employers must provide to employees. Failing to meet theseFMLA notice requirements is one of the most common violations.

1. The General Notice

All covered employers must inform employees of their FMLA rights. This is done in two ways:

• Poster: You must display a general FMLA notice poster in a conspicuous place where employees and job applicants can easily see it. The Department of Labor (DOL) provides a compliant poster for this purpose. This requirement applies even if you have no FMLA-eligible employees.
• Handbook/New Hire Documents: If you have an employee handbook or provide other written guidance on benefits and leave, you must include information about FMLA rights and responsibilities within those materials. If you do not have such written policies, you must provide this general notice to each new employee upon hiring.

2. The Eligibility Notice

Within five business days of an employee requesting leave or the employer learning that a leave may be for an FMLA-qualifying reason, you must provide the employee with an Eligibility Notice. The DOL's Form WH-381 can be used for this. This notice must state whether the employee is eligible for FMLA leave. If the employee is not eligible, you must provide at least one specific reason why (e.g., "You have not worked 1,250 hours in the past 12 months").

3. The Rights and Responsibilities Notice

This notice must be provided at the same time as the Eligibility Notice. It outlines the specific expectations and obligations of both the employer and the employee during the leave period. This notice should detail:

• Whether the leave will be counted against the employee's annual FMLA entitlement.
• The requirement for the employee to provide medical certification and the consequences of failing to do so.
• The employee's right to substitute paid leave and any conditions related to that substitution.
• The employee's responsibility to pay their share of health insurance premiums.
• The employee's right to job restoration upon return from leave.

4. The Designation Notice

Once you have enough information to determine that the leave qualifies as FMLA leave (e.g., after receiving a completed medical certification), you must provide a Designation Notice within five business days. This notice formally informs the employee that the leave is designated as FMLA-protected and will be counted against their entitlement. It should also state how much leave will be counted, if known.

Properly managing these notices is a cornerstone of compliant FMLA leave management. Each notice should be documented and a copy placed in the employee's confidential medical file.

Administering Leave and Benefits

Beyond providing notices, employers have several responsibilities related to the administration of the leave itself and the continuation of benefits.

Maintaining Health Benefits

This is a critical FMLA responsibility. During an employee's FMLA leave, you must maintain their coverage under any group health plan on the same terms as if they had continued to work. This means the employer's contribution to the premium must continue, and the employee remains responsible for their share.

You must provide the employee with advance written notice of the terms for paying their share of the premiums. If the employee's payment is more than 30 days late, you can cease to maintain their health coverage, but you must first provide them with a written notice at least 15 days before coverage is set to end. Upon their return, you must restore their coverage without any qualification period or physical exam.

Managing Paid and Unpaid Leave

While FMLA leave is unpaid, your policies may allow or require employees to use (substitute) their accrued paid leave, such as vacation, sick, or personal time, concurrently with their FMLA leave. Your FMLA policies must be clear about how this works. If you require employees to use their paid leave, this must be communicated in the Rights and Responsibilities Notice. The use of paid leave does not extend the 12-week FMLA entitlement.

Recordkeeping Obligations

The FMLA mandates that employers maintain specific records for at least three years. These records are essential for demonstrating FMLA compliance. Key records include:

• Basic payroll and employee data.
• Dates and hours of FMLA leave taken.
• Copies of all FMLA notices given and received.
• Documents describing employee benefits and leave policies.
• All medical certifications and recertifications.

Crucially, all records and documents relating to medical certifications, recertifications, or medical histories must be kept as confidential medical records in separate files from the usual personnel files.

The Promise of FMLA: Job Restoration

The job-protection aspect of the FMLA is its most powerful feature for employees. For employers, it represents a significant legal duty. Upon returning from FMLA leave, an employee must be restored to either their original job or an "equivalent" job.

What Is an "Equivalent" Job?

An equivalent position is not just one with the same pay. It must be virtually identical to the employee's original job in terms of:

• Pay and Benefits: This includes all salary, bonuses, and other forms of compensation, as well as all benefits like health insurance and retirement plans.
• Working Conditions: This covers aspects like shift, schedule, and the physical location of the worksite.
• Duties and Responsibilities: The new role must involve substantially similar duties, responsibilities, and status.

An employee cannot be penalized for taking FMLA leave. For example, their attendance record cannot be negatively affected by FMLA-protected absences.

The "Key Employee" Exception

There is a very narrow exception to the job restoration rule for certain highly compensated employees, known as "key employees." A key employee is a salaried, FMLA-eligible employee who is among the highest-paid 10 percent of all employees within 75 miles of the worksite.

An employer can deny job restoration to a key employee only if restoring the employee to their position would cause "substantial and grievous economic injury" to the company's operations. This is an extremely high standard to meet. If you believe this exception may apply, you must give the employee written notice at the time they request leave, and again when you intend to deny restoration, giving them an opportunity to return to work. This exception should be used with extreme caution and legal counsel.

Navigating State and Federal Law Overlaps

FMLA compliance doesn't exist in a vacuum. Many states, and even some cities, have their own family and medical leave laws. A key employer responsibility is to understand how these laws interact with the federal FMLA.

The general rule is that if a state or local law provides greater rights or benefits to the employee than the FMLA, the employer must provide the more generous benefit. For example:

• Some state laws cover smaller employers not covered by the FMLA.
• Some states provide for paid family leave, whereas the FMLA is unpaid.
• Some states allow leave to care for a broader range of family members, such as domestic partners or grandparents.

Effective FMLA leave management requires you to be knowledgeable about all applicable leave laws in the jurisdictions where you operate and to integrate them into a compliant policy.

The Role of Training in Fulfilling FMLA Responsibilities

Given the extensive and detailed nature of an employer's duties under the FMLA, simply reading the regulations is not enough. Proper training is essential for anyone involved in the leave administration process, from HR professionals to frontline managers.

Managers are often the first to receive a leave request. Without training, they might mishandle the request, make inappropriate comments, or fail to recognize a potential FMLA situation, exposing the company to risk. Investing in high-qualityFMLA training programs is one of the most effective ways to ensure FMLA compliance.

A comprehensiveFMLA Training & Certification Program will equip your team to:

• Accurately determine employer coverage and employee eligibility.
• Manage all FMLA notice requirements correctly and on time.
• Understand the nuances of medical certifications and recertifications.
• Properly handle job restoration and benefit continuation.
• Navigate the complexities of intermittent leave and the overlap with other laws like the ADA.

Training transforms FMLA responsibilities from a list of rules into a manageable, repeatable process, significantly reducing the risk of non-compliance.

A Final Word on Employer Responsibilities

Fulfilling your responsibilities as an employer under the FMLA is a continuous process of diligence, documentation, and communication. It requires a commitment to understanding the law, applying it consistently, and training your team effectively. By embracing these duties, you not only protect your organization from legal jeopardy but also build a workplace culture that supports employees during critical life events. A well-executed FMLA program is a hallmark of a responsible and well-managed organization.