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Notice of Eligibility & Rights and Responsibilities

Provide Notice within 5 Business Days of an Employee’s Request for Leave

When an employee makes a request for leave that might qualify for FMLA leave (not just clearly FMLA-qualifying leave), covered employers need to provide the employee with the Notice of Eligibility & Rights and Responsibilities.  The FMLA requires employers to provide this notice even if:

  • You do not believe an employee who has requested leave is eligible for leave under the FMLA; or
  • An employee has not expressly stated that he or she wishes to take leave under the FMLA. 

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