At the same time an employer provides an employee notice of the employee’s
eligibility to take FMLA leave, the employer must also notify the employee of the
specific expectations and obligations associated with the leave. Among other information
included in this notice, the employer must inform the employee whether the employee
will be required to provide certification of the FMLA-qualifying reason for leave and the
employee’s right to substitute paid leave (including any conditions related to such
substitution, and the employee’s entitlement to unpaid FMLA leave if those conditions
are not met). If the information included in the notice of rights and responsibilities
changes, the employer must inform the employee of such changes within five business
days of receipt of the employee’s first notice of the need for FMLA leave subsequent to
any change. Employers are expected to responsively answer questions from employees
concerning their rights and responsibilities.
