Is merely putting the FMLA information in a policy book considered as giving a employees 5 days notice when eligible for FMLA or does it have to be done on a case by case basis as needed.
No, merely having the FMLA notice in an employee handbook does not count as notice. The FMLA regulations require that an FMLA poster be displayed or FMLA information be included in the handbook, or both. However, neither of these counts as the notification to the employee of FMLA rights.
The employee must notify the individual employee of his or her rights under FMLA in writing within 5 days of any absence that could be FMLA. This usually includes letting the employee know whether he or she qualifies for FMLA, and the number of hours that he or she qualifies for. The employer must also provide the employee with forms to request FMLA at the same time, an a certification form if the employer is using one.
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