Notice of Eligibility and Rights & Responsibilities

Note: Effective January 1, 2011, all FMLA paperwork as well as decisions regarding an employee’s eligibility for FMLA leave will be administered by the HR/FMLA Consultant assigned to your department. In most cases, the HR/FMLA Consultant will provide the employee with the necessary forms.

Before a qualifying leave is designated as FMLA, the HR/FMLA Consultant will determine if the employee is eligible to take FMLA leave. Once this determination is made the HR/FMLA Consultant will notify the employee of their rights and responsibilities under the FMLA. This is done by giving the employee a Notice of Eligibility and Rights & Responsibilities.

The HR/FMLA Consultant will notify employees in writing of eligibility or non-eligibility within five (5) business days (absent extenuating circumstances) and thereafter during the same FMLA leave year, only if the employee’s eligibility status changes.

The eligibility notice must state:

1. Whether or not the employee is eligible; and

2. If not eligible, at least one reason why the employee is not eligible (i.e. does not have one (1) year of service and how much service the employee approximately has, does not meet 1044 hours requirement)

Last updated Dec. 30, 2011