All employers who are covered by the FMLA are required to post a notice in a conspicuous place explaining the FMLA’s provisions and explaining how employees may file complaints with the DOL’s Wage and Hour Division. The notice must be posted where it can be seen by employees and applicants for employment. This notice may be given electronically as long as it meets the other requirements. An employer who willfully fails to post this notice may be assessed a civil money penalty of $169 for each offense under 29 C.F.R. 825.300(a)(1).

The employer also is required to provide the general notice to employees by including it in the employee handbook or other written materials concerning employee benefits or leave rights, if the employer has any of these, or by distributing the general notice to each new employee upon hiring. This also may be accomplished electronically.

This notice can easily be given using the DOL’s prototype notice, commonly known as the “FMLA poster” (WHD publication 1420). If the prototype is not used, the notice given must contain all information that is in the prototype notice.