What notices to employees are required of employers under the FMLA?

(See 29 CFR § 825.301) (a) If an FMLA-covered employer has any eligible employees and has any written guidance to employees concerning employee benefits or leave rights, such as in an employee handbook, information concerning FMLA entitlements and employee obligations under the FMLA shall be included in the handbook or other document. For example, if an employer provides an employee handbook to all employees that describes the employer's policies regarding leave, wages, attendance, and similar matters, the handbook shall incorporate information on FMLA rights and responsibilities and the employer's policies regarding the FMLA. (b) If such an employer does not have written policies, manuals, or handbooks describing employee benefits and leave provisions, the employer shall provide written guidance to an employee concerning all the employee's rights and obligations under the FMLA. This notice shall be provided to employees each time notice is given pursuant to subsection (c) of this section, and in accordance with the provisions of that subsection. (c) The employer shall also provide the employee with written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. The written notice shall be provided to the employee in a language in which the employee is literate. Such specific notice shall include, as appropriate: (1) that the leave shall be counted against the employee's FMLA leave entitlement (see section 31-51qq-19 of the Regulations of Connecticut State Agencies); (2) any requirements for the employee to furnish medical certification of a serious health condition and the consequences of failing to do so (see section 31-51qq-30 of the Regulations of Connecticut State Agencies); (3) the employee's right to substitute paid leave and whether the employer shall require the substitution of paid leave, and the conditions relating to substitution. (4) any requirement for the employee to present a fitness-for-duty certificate to be restored to employment (see section 31-51qq-35 of the Regulations of Connecticut State Agencies). (5) the employee's right to restoration to the same or an equivalent job upon return from leave (see section 31-51qq-21 of the Regulations of Connecticut State Agencies). (d) The specific notice may include other information - e.g., whether the employer shall require periodic reports of the employee's status and intent to return to work, but is not required to do so. A prototype notice, DOL-FM2, which employers may adapt for their use to meet these specific notice requirements is attached to sections 31-51qq-1 to 31-51qq-48, inclusive of the Regulations of Connecticut State Agencies as Appendix B. (e) Except as provided in this subsection, the written notice required by subsection (c) of this section (and by subsection (b) of this section where applicable) shall be provided to the employee no less often than the first time in each six month period that an employee gives notice of the need for FMLA leave (if FMLA leave is taken during the six-month period). The notice shall be given within a reasonable time after notice of the need for leave is given by the employee - within one or two business days if feasible. If leave has already begun, the notice should be mailed to the employee's address of record. (f) If the specific information provided by the notice changes with respect to a subsequent period of FMLA leave during the six-month period, the employer shall, within one or two business days of receipt of the employee's notice of need for leave, provide written notice referencing the prior notice and setting forth any of the information in subsection (c) which has changed. (g) Except as required in subsection (h) of this section, if the employer is requiring medical certification or a fitness-for-duty report, written notice of the requirements shall be given with respect to each employee notice of a need for leave. (h) Subsequent written notification shall not be required if the initial notice in the six-month period and the employer handbook or other written documents (if any) describing the employer's leave policies, clearly provided that certification or a "fitness-for-duty" report would be required (e.g., by stating that certification would be required in all cases in which a leave of more than a specified number of days is taken, or by stating that a "fitness-for-duty" report would be required in all cases for back injuries for employees in a certain occupation.) Where subsequent written notice is not required, at least oral notice shall be provided. (see section 31-51qq-30 of the Regulations of Connecticut State Agencies) (i) Employers are also expected to responsively answer questions from employees concerning their rights and responsibilities under the FMLA. (j) Employers furnishing FMLA-required notices to sensory impaired individuals shall also comply with all applicable requirements under federal or State law. (k) If an employer fails to provide notice in accordance with the provisions of this section, the employer may not take action against an employee for failure to comply with any provisions required to be set forth in the notice.