Yes. Under the FMLA, “each employer” must post a notice prepared or approved by the Secretary of Labor. An “employer” covered by the FMLA is any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.
The notice must be posted prominently in a conspicuous place where it can be readily seen by employees and applicants for employment. Its text must be fully legible and large enough to be easily read. If the workforce is comprised of a significant number of workers who are not literate in English, the notice must be posted in the language in which they are literate.
An employer who fails to post the notice can be fined up to $100 per offense. Additionally, an employer who fails to meet its posting obligations cannot deny leave to an employee who has not provided advance notice of a need to take FMLA leave.
Copies of the notice can be obtained from local offices of the Wage and Hour Division or downloaded from the Division’s website at: http://www.dol.gov/esa/regs/compliance/posters/fmla.htm. The notice should be at least 8 ½ inches by 11 inches in size.
Cite: FMLA Section 101(4) and 109, 29 USC §§ 2611 and 2619; 29 CFR § 800.300.
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